Current report no 68 / 2017

Lawsuit brought by the Silesian Museum in Katowice

The Management Board of Budimex S.A. announces that it was informed that on 24 July 2017 a lawsuit against Budimex S.A. in Warsaw and Ferrovial Agroman S.A. in Madrid, members of the consortium related to implementation of the contract “CONSTRUCTION OF THE NEW PREMISES FOR THE SILESIAN MUSEUM IN KATOWICE” concluded on 7 June 2011 (“Contract”), was filed by the petitioner — Silesian Museum in Katowice (hereinafter referred as the “Owner”).

The Petitioner requests that the plaintiffs are either condemned in solidum to pay the amount of PLN 122,758,015.12 plus statutory interest from the date the lawsuit was filed for improper performance of the obligation under the Contract, either alternatively the court adjudges the claim for decreasing the price by PLN 34,675,373.40 as the reimbursement of part of the remuneration, which was wrongly paid in Petitioner’s opinion. Article 471 of the civil code was specified as the grounds for pursuing the main claim, and the provisions on statutory warranty were specified for the alternative claim.

In the opinion of the Management Board of Budimex S.A. the claims in the lawsuit are groundless. The irregularities, which in the Petitioner’s opinion constitute actual grounds of the claims, provided that these do exist, do not result from actions or omissions of the consortium.

Moreover, proper performance of the building by the consortium was confirmed by the Petitioner issuing the Work Acceptance Certificate and Implementation Certificate for the Silesian Museum building in Katowice. The Management Board assesses that the provisions for in-warranty repairs recognized beforehand fully cover the risks related to contract implementation. The claim shall have no impact on Budimex’s performance.