More and more construction companies are having problems with financial liquidity. We recently described the case of a developer from Kielce who for many years was the general contractor for the construction of schools, kindergartens and public utility buildings. Over the past two years, he won tenders, concluding contracts that, during implementation, after a drastic increase in costs, turned out to be unprofitable. As soon as the developer realized that he would lose on them, he went to their investors with a request to renegotiate prices. None of them agreed to change the costs. The company was therefore undergoing restructuring..
At this stage, another problem appeared. The aforementioned entrepreneur based his business on public investments. If he does not win contracts, he will quickly go bankrupt. And it turns out that companies undergoing restructuring it is difficult to compete for public contracts.
This means that the company undergoing restructuring cannot repay its arrears to ZUS and the Tax Office throughout the entire duration of the procedure. And restructuring procedures are not fast at all, despite the legislator's assumptions. As it results from the quarterly report by Spot Data and the company Zimmerman Filipiak Restructuring, the longest are the restructuring and arrangement proceedings - you have to prepare for an average of about 250 days, counting from the moment the proceedings are opened to their termination. On the other hand, the most popular accelerated composition proceedings takes about 120 days. But that's just an average - in some courts, it takes more than 250 days from opening to approval of the arrangement. You also have to wait for the opening itself.
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