Acciona Mostostal Warszawa is part of the Acciona Capital Group.

Report No. 70_Information regarding the claim for payment submitted by Mazowiecki Port Lotniczy Warszawa - Modlin Sp. z o.o.

05 December 2017

The Management Board of Mostostal Warszawa S.A. (“Company”) informs that today, the Company signed an agreement with Mennica Polska S.A. for performance of construction work as part of an investment task under the name: construction of a multi-family residential building with service functions and underground garage, area management, entry to the real property and the necessary technical infrastructure, including municipal transformer stations, located in the area of plots with Nos. 110/1, 110/3, 110/4 within area 6-01-06, constructions of exits on fragments of road lanes of ul. Pereca, plot No. 10/1 within area 6-01-06 and construction of the necessary technical infrastructure on plots with No. 6, 10/1 within area 6-01-06 at ul. Waliców 11 in Warsaw, along with disassembly of a part of the Aurum office building located on plot with No. 110/3 within area 6-01-06 at ul. Waliców 11 in Warsaw.

Completion deadline of the agreement: 31 May 2019.

The value of the agreement amounts to: PLN 103.150 million net + VAT.

Payment deadline: 30 days from invoice receipt.

Guarantee period:

- 6 years for the investment task in total, encompassing, in particular, construction work and additional work, including finishing work;

- a minimum of 24 months for equipment and machines or for a longer period of time resulting from a guarantee indicated by the manufacturer of the equipment.

 

Performance bond for the contract: bank performance bond for the total amount of 10% of the net contract value.

The Management Board of Mostostal Warszawa S.A. ("Company", "Issuer") informs that yesterday the Company received information about the the claim for payment against Mostostal Warszawa S.A. and another entity ("Defendants") submited by Mazowiecki Port Lotniczy Warsaw - Modlin Sp. z o.o. with its registered office in Nowy Dwór Mazowiecki ("Plaintiff").

The plaintiff is demanding jointly from the Defendants payment of a contractual penalty in the amount of PLN 81.58 million due to delays in removing defects and faults in the scope of the contract for "Construction of passenger terminal building at Warsaw-Modlin airport". About this contract the Company informed in current report No. 58/2010 of October 28, 2010. The value of the subject Agreement amounted to PLN 69.53 million gross.

The Issuer wholly disputes and considers unfounded claims made by the plaintiff, in particular that the alleged delays did not exclude the use of the subject of the Agreement.