Trakcja PRKiI and the Provincial Road Authority in Gdańsk (Zarząd Dróg Wojewódzkich w Gdańsku) entered into a pre-litigation settlement on the termination of the contract for the expansion of Provincial Road No. 224 on the Godziszewo – A1 motorway junction Stanisławie section.
The settlement concluded by the parties is an example of a good solution developed in the currently difficult situation on the construction market – says Marcin Lewandowski, President of the Management Board of Trakcja PRKiI S.A. – The arrangements provide for the settlement of the tasks performed to date and the preparation of the next stage of the investment. Further performance of the contract on the pricing terms from before 2017 would have resulted in losses for the Employer and the Contractor and a mutual escalation of claims.
Current legal solutions do not give Employers the possibility of a full and rapid indexation of costs. The process of discussions and negotiations carried out is a model and exemplary example of cooperation and a willingness to resolve the problem in a partnership-based manner.
The parties agreed to waive mutual claims; furthermore, as part of the remuneration agreed under the settlement, Trakcja PRKiI will carry out, among other things, minor finishing and design works necessary to obtain the ZRID decision.
This solution provides the possibility of quickly announcing a new tender and selecting a new Contractor, and eliminates potential losses on the part of Trakcja PRKiI S.A.
