On August 3, 2012, the Act of June 28, 2012 on repayment of certain unsatisfied receivables of entrepreneurs resulting from the execution of awarded public contracts ( Dz. U. of 2012, item 981) entered into force.
The provisions of this Act set forth the rules for repayment by the General Director of National Roads and Highways of contractors’ unsatisfied principal receivables of an entrepreneur who has entered into a contract with a contractor in connection with the performance of a public works contract awarded by the General Director of National Roads and Highways.
What is important, the law does not apply to receivables that can be satisfied under Article 647(1) of the Civil Code.
Pursuant to Article 5 sec. 1 of the Act, an entrepreneur may report to the General Director a receivable owed to him by a contractor:
1) who is at least 30 days in arrears in payment for completed and accepted work, or,
2) against whom bankruptcy has been declared or the court has dismissed the bankruptcy petition pursuant to Article 13 of the Act of February 28, 2003. – Bankruptcy and Rehabilitation Law ( Dz. U. of 2009, No. 175, item 1361, as amended).
Notification, shall be made in writing. The notification shall be accompanied by a written statement of the contractor’s acknowledgment of the entrepreneur’s receivables, or a copy of the summons served on the contractor for payment of the receivables, the time limit of which has expired without effect, or a lawsuit filed against the contractor for payment of the receivables, or a notification of the receivables in bankruptcy proceedings, or a contract concluded between the contractor and the entrepreneur.
Pursuant to Article 14 of the Act, it is also applicable to contractors for whom the premises set forth in Article 5 sec. 1 occurred before the date of entry into force of the Act.
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