The press began to appear classifieds various branches of the General Directorate for National Roads and Motorways that can achieve the GDDKiA satisfy claims by subcontractors performing work under the investment financed by GDDKiA, the amount due is not paid the general contractor works. The question arises, if so, the right carriers providing materials and equipment for construction sites motorways and national roads.
Law for victims
These announcements are the result of input on 03.08.2012 r. into force of the Act of 28.06.2012 r. the repayment of outstanding debts entrepreneurs, resulting from the implementation of public procurement (Dz. You. Item. 891). In accordance with the provisions of this act sub entity, who received public works contracts awarded by GDDKiA, have the right to ask the GDDKiA for payment of their claims for work done and received, if you have not received payment for them from your partner (in particular, if declared bankrupt). The idea is to prevent spilling wave of bankruptcies in the construction industry – insolvency general contractors could have a domino effect and lead to the insolvency of other entities in the industry.
Who can apply for a payment
The Act does not specify clearly the persons entitled to the money from GDDKiA. But it seems, it is fairly widely drawn. First, it includes entrepreneurs, who entered into a contract with the general contractor in connection with the implementation of public procurement works contracts awarded by GDDKiA. Second, the entrepreneur must be micro-, small or medium-sized enterprise within the meaning of Community law. Thirdly, they can only make a claim for work done and received, and only the principal amount. Importantly, the Act does not apply to persons, who have the right to pursue their claims under Article. 647(1) k.c. or sub-contractors performing construction work with the approval of the investor.
The carrier is also a?
Is the above category could include carriers dropping off materials and equipment? The law simply does not respond to this question. On the one hand may appear doubt, or in the case of carriers we have made and the work of the received. Such nomenclature is used because usually in relation to construction and contract work. On the other hand, the authors intended to act, which is reflected in the justification of the project, Act was to allow recovery for the work of a large group of, in particular equipment suppliers. In their case too hard to talk about the work done, and clearly in support of the points, suppliers of equipment that should receive salary arrears from GDDKiA. There is nothing in the way of both, by implementation and acceptance of the concept of the work broadly construed in this way, that it includes any realized or made service delivery. With this interpretation claims to GDDKiA carriers could also occur.
The deadline for submitting claims
The claims may be requested from the entry into force of the Act (03.08.2012 r.). The Act provides, however,, the claim is that a large number of (more than 3 % the contract value) publish an advertisement in a national daily with a 21-day time limit for notification. Violation of this term may result in omission in the allocation amount for the claim. It must be remembered, that the claims are satisfied to the extent of protection offered by the contractor in the tender procedure.
So far, there were several ads, the terms already running. So let's hurry. Below the full list of ads along with the dates and branches, to which they should be reported:
1. GDDKiA Lublin
2. GDDKiA Poznan
3. GDDKiA Rzeszow
- odc. in. Cross – in. Debica Desert – 19.09.2012 r.
- odc. in. Rzeszow West – in. Central london – 19.09.2012 r.
4. GDDKiA Katowice
5. GDDKiA Olsztyn
6. GDDKiA Bydgoszcz
- A1 odc. Czerniewice – Odolion – 18.09.2012 r.
- A1 odc. Odolion – Brzezie -18.09.2012 r.
- A1 odc. Brzezie – Kowal – 18.09.2012 r.
7. GDDKiA Krakow
8. GDDKiA boat (does not specify the subject of claims) – 17.09.2012 r.
9. GDDKiA Warsaw
Recovery procedure
Before coming to GDDKiA entrepreneur has to take some steps indicating an attempt self-recovery from the contractor. The application should be accompanied by fact or a written statement to recognize the contractor's business debts or complete copies of the following documents:
- request for payment of receivables
- proceedings brought against the contractor for the payment of fees or lodge a claim in the bankruptcy proceedings
- agreement between the entrepreneur and the contractor
There is no provided any form of application, but GDDKiA developed model, which can be used by entrepreneurs, which lists all the requirements laid down in the Act. Benefit from it should therefore be guaranteed, GDDKiA not reject the request for formal reasons.
The application shall be accompanied by a statement, that the charges specified in the request resulting from realized and received work related to the implementation of public procurement and that are not covered by the guarantee provided by the contractor or have not been met. Declaration shall be made under penalty of perjury for false testimony.
After the formal verification of the applications received, prepare a list of the various branches of business, which may be paid to agents.
Payment of the GDDKiA
The mere inclusion on the list does not guarantee, however, get money. GDDKiA not granted because the competence to decide, whether there is a claim against the contractor, whether it is a moot. Hence, payment only after the presentation by the entrepreneur as defined in the law of evidence of the validity of claims. I just get an advance of up to 50 % the claim is only possible after submission:
- court ruling ordering an invalid claim against the contractor or
- creditors census made in the course of bankruptcy proceedings.
Payment of the full amount can therefore be delivered only after GDDKiA:
- final judgment or
- settlement reached in court on between a trader and contractor bearing enforceable or
- list of claims in the bankruptcy proceedings provided in relation to the failure to the opposition
If the amount available for withdrawal is not sufficient to cover all claims on the list, it is subject to a proportional split.
So you can not hide, 'd rather not count on quick payment, but it is certainly better to recover the funds for a while than not get them at all, without that law, which in many cases could have occurred.
