Article Summary:

How a Polish entrepreneur in Ubekistan (also known as PRL-bis or III RP) was deceived, and destroyed ...

It is hard to believe
or the last degree of degeneration of public life
/part III/

By Rafal Klimuszko

As in the lens

The story of  Mr. Adam Kierczyński does not involve any politcal ideology beacause the Polish investor did not represent any political interests. He was not even interested in politics. He just wanted to run a gas station, restaurant and other facilities for truck drivers. Mr. Adam lost as lot of  money because of the first stage of the investment, which was the construction of entry roads and exits from his station.
The story of Mr. Adam reveals the way that Polish authorities and institutions are functioning, how the prosecutors and the courts break the law. It showes how human rights are violated in a country, where an ordinary man is powerless, where he becomes a victim of criminal clique. And in clique are: former communistic officials, nowadays officials, police officers, , judges, prosecutors, councellors or bailiffs. This is an example of pathology of social life and the system. Can postcommunist Poland be called a democratic country?
What happened to Mr. Adam is a warning. It could really happen to anyone.

The power of authorities

When Mr. Adam signed the contract with the local construction company called Infra, he did not know, that it was a postcommunist nomenclature. It was the duty of the contractor to perform the works in accordance with the project and to provide a construction permit

issued by the competent authorities. This authorization and transfer of documentation was a requirement of the investor to settle the last payment - 100 thousand zlotys. The total cost of the entire road reconstruction was 420 thousand zlotys, which was a regular price for such an investment.
The unfair constructors narrowed the area in the middle of the road between the two lanes going in opposite directions which threatened the road safety. They did not widen the route enough in accordance with the approved project and did not make required entries and exits which were accepted by the contruction’s inspector. They failed to comply with the terms of the investment. In  June 2002 Infra provided approval issued by the Office of Province Lubuskie authorizing the use of the facility and demanded the last payment - 100 thousand zlotys.
Adam Kierczyński was very accurate and rational. He lived in the U.S. so he hired retired engineer who was on the spot, in Poland. His task was to check what was going on the construction from time to time and prepare a special report.
At this point began problems of Polish-American investor. The retired engineer reported that work was  not completed. Moreover the authorization issued by the Provincial Construction Inspector did not have any annexes. In Poland, as in the U.S., before the authorities issue a license to use the facility, you must go to see a few specialists. Fireman must check whether it meets the conditions of safety. If you want to rebuild a road, a police specialist and National Directorate of Roads and Bridges representative must express an opinion. Only on the basis of their expertize the Provincial Inspector can give a legal permission to use the facility.

Mr. Adam began to wonder why the documents did not have all the attachments? Maybe the police and the National Directorate of Roads and Bridges made unfavorable opinions and therefore he did not obtain the attachments? What if the license Number: RR.III.M.Bła.7114/14/2002 was simply inconsistent with the law? Unfortunately Mr. Adam was right. The authorities issued the license and broke the law. The specialist’s opinions had been issued before the decision on the license was passed and they were unfavorable. Mr. Adam was very upset and he did not pay the last installment demanding the improving of work and presentation of the legal license.
The unfair company did not intend to fix anything. National Directorate of Roads and Bridges initially said that the rebuilt road poses a threat to the safety on the route. Suddenly everyone began to change their opinions. Regional Police Command was the first one claiming that everything was all right. It was a real miracle because earlier the same police claimed something else. National Construction Surveillance and the National Directorate of Roads and Bridges few months earlier said about the scandalous and poor execution of work after a short while they changed their minds. Indeed Mr. Władysław Bidej from Infra proved his unusual influence. Poland is a country of bureaucratic miracles.

How the investor from Chicago settled accounts with the unfair company

The real time for completion of the investment was September 23, 2002. The unfair company was late with the finalization of the project for 5 months. Mr. Adam, according to the contract, demanded from Infra penalties for the delay. The 5 month delay caused that Mr. Bidej owed Mr. Adam a big amount of money. The signed agreement provided 1% payment from the date of the delay (that is 4200 zlotys for each day of delay). In the end Mr. Adam owed Mr. Bidej 100 thousand zlotys and Mr. Bidej owed Mr. Adam 540 thousand zlotys. Unfortunately Bidej did not intend to pay anything to Polish-American investor. He forged the invoices, added costs, which was not metioned in the contract and demanded payment for the false invoices.
In Poland the VAT invoice can not be issued without the other person’s signature unless both sides had previously signed a separate agreement allowing on that. Mr. Adam Kierczyński had never signed such an agreement, allowing the issuing of invoices without his signature. Mr. Bidej issued false invoices, sued the investor from Chicago and declared that he expects repaying the debts.