6 December 2012

GDDKiA Misleads the Public Once Again

Regretfully, we have noted another non-accidental and intolerable attempt at ruining the good name of our Company by the General Directorate for National Roads and Motorways. On 30 November, GDDKiA published an article on its website, www.gddkia.gov.pl, under the News tab. The article, entitled „Nie płacą swoich rachunków i nie zgadzają się na zapisy zabezpieczające podwykonawców” [They do not pay their bills or consent to clauses protecting their subcontractors] is appended with the ‘List of firms that have not met their financial liabilities to their subcontractors and service providers’. The list mentions e.g. NDI SA (in its consortium with SB Granit SA) indicating that the company did not pay its subcontractors on the A4 Motorway Construction project.

We wish to protest firmly against such actions and emphasise that in the opinion of NDI SA they come down to misleading the public and implying that either NDI SA is in poor financial condition or is an unreliable firm.
Noteworthy, the said list is not appended with either the author’s name (the list is unsigned), or the source of the information provided therein, or the criteria employed in its compilation, or even the date of its compilation. The above makes the list highly unreliable and its publication by an agency of central administration, which GDDKiA certainly is, constitutes an intentional act apparently intended to mar the reputation of the entities included therein.

We emphasise that NDI SA paid all outstanding dues to its contractors on the A4 Motorway Construction project (and there were about 400 of them!). On the other hand, any payments GDDKiA made to the subcontractors (11 companies only) were, although based on the statutory principle of joint and several liability, covered with the money due to the NDI-Granit Consortium! Actually, GDDKiA acknowledged the fact itself by setting off the debt to the Subcontractors with the debt to the Consortium under two invoices issued by NDI and unpaid by GDDKiA. GDDKiA’s representation on the effected debt set-off can be viewed on our website www.ndi.pl under the media / downloads tab, and under the following link:

https://www.ndi.pl/upload/downloads/file_oswiadczenie_o_potraceniu_gddkia_30_03_2011_de1163.pdf

NDI has already faced many situations when GDDKiA, taking advantage of its privileged position of a governmental administrative agency, promoted a negative image of NDI in the media. We cannot understand such behaviour in the context of the current situation where an unresolved litigation between the parties is pending before the Regional Court in Warsaw.

In its function of a public entity GDDKiA should exert particular caution in its public addresses and statements and avoid formulating verdicts before they are issued by an independent Court of Law.
We hope GDDKiA will cease publishing information and opinions marring the company’s good name. Otherwise, NDI SA will be forced to file an action against GDDKiA to protect its personal interests.

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