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GDDKiA decided to withdraw from two contracts signed with Rubau Polska for the construction of sections of express roads, S7 on the section Warsaw Airport – Lesznowola and S61 on the section Podborze – Sniadowo. Repeated calls for reliable performance of contracts did not bring any results.
Section S7 Warsaw Airport – Lesznowola
A 6.64 km long contract for the design and construction of a section of the S7 expressway between Warsaw Airport and Lesznowola was signed between GDDKiA and a consortium composed of Rubau Polska (leader) and Construcciones Rubau on 17 August 2017. Its value amounted to PLN 221.4m gross. The contractual date for completion of the works was set for March 2021.
Failure to meet the first milestone
However, the selected contractor did not fulfil the contractual provisions and did not meet the first milestone, which was the submission, within 10 months from the conclusion of the agreement, of a complete application for the issuance of the ZRID decision (Road Investment Permit). The full documentation was handed over to the Mazowieckie Voivode with a delay of nearly 4 months. As a result, in the absence of mobilization on the part of the contractor, despite numerous calls and lack of negotiations for improvement of the existing situation, the Directorate decided to withdraw from the contract for the execution of this investment. The Investor will also charge a penalty for withdrawing from the contract for reasons attributable to Rubau in the amount of 15% of the accepted contractual amount.
The financial advancement of the terminated contract was estimated at 7.45%, while the percentage of time elapsed reached 48.62%.
Section S61 Podborze – Sniadowo
The contract for the construction of a section of the S61 expressway, as a project and build, on the section Podborze – Śniadowo, with a length of 19.46 km, was signed between GDDKiA and a consortium composed of Rubau Polska (leader) and Construcciones Rubau, on 30 January 2018. Its value amounted to PLN 479.1m gross. The date of completion of the construction works was set for 30 November 2020.
The first stage of the contract, i.e. design works, was to end by 30 November last year with the submission of an application for ZRID. This one, however, has not been submitted until today, which makes the remaining completion dates of the section, including the date of completion of the works, impossible to meet. Despite numerous calls for mobilization, the contractor only multiplied the problems and even demanded a payment guarantee. After receiving the payment guarantee, he found it unsatisfactory. Under these circumstances, the Directorate decided to withdraw from the contract.
The financial advancement of the terminated contract was estimated at 2.52%, while the percentage time span was 45.69%.
Rubau like Salini
The withdrawal of GDDKiA from agreements with the contractor of two contracts is the second such case in the last three weeks. On 29 April this year, GDDKiA withdrew from the agreements with Salini for the construction of a section of the S3 expressway and A1 motorway, of which we informed at that time.