24/09/2021 - 13:33

Whittens, Mondium in legal stoush

24/09/2021 - 13:33

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Family-owned business Whittens is suing engineering company Mondium for allegedly failing to properly value and pay for work it completed at Rio Tinto’s Western Turner mine.

According to a writ lodged in the Supreme Court, Whittens claims Mondium breached a contract it signed for works on stage two of Rio’s Western Turner Syncline 2 project.

Family-owned business Whittens is suing engineering company Mondium for allegedly failing to properly value and pay for work it completed at Rio Tinto’s Western Turner mine.

According to a writ lodged in the Supreme Court, Whittens signed an agreement with the Monadelphous and Lycopodium joint venture on February 28, 2020, for concrete works for stage two of Rio’s Western Turner Syncline 2 project.

In the writ, Whittens claimed Mondium breached the contract by failing to consider value variations to the contract, after the company found it couldn't use the Northern Access road to the site, needed concrete batch plant facilities, and would be required to carry out nightshift work.

Further, the company alleged Mondium failed to pay for the work completed, as well as consider and approve extensions of time and delay costs for parts of the work.

Whittens is now seeking damages, claiming the company suffered as a result of the alleged contract breaches.

A spokesperson from Mondium told Business News the company had not yet been served a writ of summons by Whittens, and was therefore not in a position to comment.

Whittens has been contacted for comment.

In July last year, Business News reported Whittens had secured work with Mondium at Rio Tinto’s Western Turner mine near Tom Price under a $20 million subcontract, tasked with completing earthworks and building a new processing plant.

The contract was announced six months after Rio awarded Mondium a $400 million contract to carry out engineering, procurement and construction works to build mineral processing facilities as part of a $1 billion expansion of the mine.

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