Acciona Mostostal Warszawa is part of the Acciona Capital Group.

Report No. 32_Counterclaim Submitted by the Olsztyn Municipality

30 May 2018

The Management Board of Mostostal Warszawa S.A. ("Company") hereby informs that on May 29, 2018, the Company, acting as part of a Consortium composed of Mostostal Warszawa SA ("Leader", 99% of shares in the Consortium) and Firma Handlowo – Usługowa "EFER" ("Partner", 1% shares in the Consortium) concluded with Otwock Przedsiębiorstwo Wodociągów i Kanalizacji Sp. z o. o. an annex to the contract for construction works under the "Reconstruction and extension of the wastewater treatment plant in Otwock - task I" (Information on the contract was disclosed in current report No. 37/2017 ).

Based on the above annex, a new deadline for completion of works was set for 15 October 2018. Remuneration for the performance of the contract was increased to PLN 20.83 million gross.

Legal basis:

Article 17 para. 1 of MAR.

The Management Board of Mostostal Warszawa S.A. ("Company") informs that on May 29, 2018, the Company received a counterclaim filed by the Olsztyn Municipality ("Mutual Plaintiff"). The counterclaim demands payment of contractual penalties for delays in removing defects in the amount of PLN 11,005,183.85 including statutory interest for delays starting from 17 May 2016 to the date of payment and a claims for substitute performance in the amount of PLN 2,555,952.28 including statutory interest for delays from the date of filing the counterclaim until the payment date. Mutual Plaintiff’s demands for payment of the above amounts to the Olsztyn Municipality for the "Construction of the Water Recreation and Sports Centre in Olsztyn".

Following the analysis of the counter-claim, the Company disputes in its entirety as to the amount of the claim of the mutual plaintiff and takes the view that there are e no grounds to charge contractual penalties for delays in removing defects and replacements defects at the Company's expense.

Legal basis:

Article 17 para. 1 of MAR.