Report 9/2026 - Filing of a lawsuit against the General Directorate for National Roads and Motorways
The Management Board of Mostostal Warszawa S.A. (the "Company") informs that, together with Acciona Construcción S.A. (a related entity), acting as a civil partnership under the name Mostostal Acciona S19 Tunnel civil partnership ("Contractor," "Plaintiff"), on March 30, 2026, filed a lawsuit to shape the legal relationship and payment against the State Treasury - General Director for National Roads and Motorways with a value of PLN 487 million gross.
Based on the subject lawsuit, the Contractor requested:
1. amendment of the contract no. 2410.1.2019 concluded between the State Treasury - General Director for National Roads and Motorways ("Defendant") and the Contractor on July 10, 2020, concerning "Design and construction of the S19 expressway on the section from the Rzeszów Południe junction (excluding junction) to the Babica junction (including junction) length approx. 10.3 km" along with further annexes, by increasing the remuneration due to the Contractor for the execution of the Contract by PLN 487 million gross, by appropriately increasing the Contract Price specified in Sub-Clause 14.1 of the Particular Conditions of Contract, and the Maximum Obligation Value specified in § 4 sec. 3 of the Contract;
2. ordering the Defendant to pay the Plaintiff the amount of PLN 487 million gross, together with statutory interest for delay calculated from the date of the judgment until the date of payment, with the effect that fulfillment of the obligation to any of the Plaintiffs results in the expiration of the claim to the other Plaintiff to such extent;
3. awarding the Plaintiff the costs of the proceedings, including the costs of legal representation, from the Defendant.
The basis of the Contractor's claim is an extraordinary change in economic relations, manifested in a drastic increase in prices and costs of contract execution, which were not compensated through the contractual remuneration valorization mechanism, entitling the Contractor under Article 3571 § 1 and Article 632 § 2 of the Civil Code to judicially seek an increase in the lump sum remuneration provided for in the contract.
The Company has reasonably recognized assets covering part of the claimed amount in the financial statement for the year 2025. The financial statement for 2025 is still subject to audit by the statutory auditor and will be evaluated by the auditor and approved by the appropriate bodies of the Company.