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Grupa Azoty SAAzoty Pulawy chemicals files lawsuit against Polimex and SBB Energy consortium
Listed chemical group Azoty Pulawy has filed a lawsuit against the consortium of listed builder Polimex Mostostal, Polimex's unit Polimex Energetyka and SBB Energy concerning a contract for the construction of a coal- fired power unit in Pulawy, the company said in a market filing. The company is seeking a judgment for PLN 249.2 million (EUR 58.4 mln).
The stated amount of the adjudication consists of PLN 243 million (EUR 57 mln), which includes contractual penalties due for delayed contract performance.
As stated, the amount of the claim has been determined as the difference between the penalties accrued in the amount of PLN 359 million (EUR 84.2 mln), for payment of which the company applied to the consortium in October, and the funds in the total amount of PLN 116 million (EUR 27.2 mln) received from bank guarantees.
The amount also relates to interest for delay in commercial transactions, for the period from the due date of the main claim to the date of the lawsuit, amounting to: PLN 6.2 million (EUR 1.5 mln), together with statutory interest for delay in commercial transactions calculated from the date of filing the lawsuit to the date of payment.
The company also requests that it be established that the contractor is not entitled to demand a payment guarantee for the construction works covered by the contract in the amount exceeding PLN 2.3 million (EUR 539,200) and that the contractor's declaration of withdrawal from the contract is groundless and thus ineffective, and that the company is not obliged to pay the contractor the gross amount of PLN 189.2 million (EUR 44.4 mln) for the remuneration remaining to be paid under the contract.
mcb/ han/
