Budimex S.A. does not recognise the actions against the consortium of Mitsubishi Power Europe Gmbh, Tecnicas Reunidas S.A. and Budimex S.A.
On 26 May 2022 PGE Górnictwo i Energetyka Konwencjonalna S.A. issued a debit note for the amount of PLN 561,516,981.74 to the Mitsubishi Power Europe Gmbh, Tecnicas Reunidas S.A. and Budimex S.A consortium. The share of Budimex S.A. in the consortium does not exceed 24% of the contract value. Budimex S.A. considers the imposition of the aforementioned penalty by the ordering party to be unjustified, and the debit note will not be included in the company's books.
The consortium has completed the investment in accordance with the requirements of the ordering party, which was confirmed by taking the unit into operation. The note received refers to the warranty period. During this period of operation there were scheduled and unscheduled inspections of the installation, which were agreed with the ordering party. None of the above was the fault of the contractor.
The consortium was obliged to apply individual solutions, agreed with the ordering party, to meet the highest EU environmental standards. Moreover, it is worth noting that the inspections took place during a difficult period of time related to the pandemic. These difficulties were of a temporary nature and the consortium exercised due diligence to overcome them.
It is important to emphasise that the scope of works carried out by Budimex S.A. had no impact on the availability of the unit questioned by the ordering party. The Company was not responsible for the supply of key technological equipment responsible for the generation of electricity.
Additionally, Budimex S.A. indicates that, pursuant to the content of Article 15r(1) of the Act on special solutions related to preventing, counteracting and combating COVID-19, other infectious diseases and emergencies caused by them, during the duration of the state of the epidemic emergency and 90 days from the date of its cancellation, the Ordering Party may not deduct the contractual penalty from the contractor's receivables, nor satisfy its claims regarding the penalties from the contract performance bond.