Built Environs Pty Ltd v Saunders International Ltd [2012] SASC 111

Case note | SA | November 2012 | Available for purchase & free for members


BHP Billiton (‘BHPB’) invited tenders for the upgrade of its leaching circuit at Olympic Dam in South Australia. Built Environs Pty Ltd (‘BE’) was the successful tenderer. BE’s contract with BHPB involved five separable portions, two of which involved the fabrication, rubber lining and painting of two steel leaching tanks and of a smaller repulp tank (collectively ‘the Tanks’). BE sub-contracted the fabrication, erection and painting of the Tanks to Saunders International Ltd (‘Saunders’) albeit no formal subcontract was signed by both parties.

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We thank the author of this case note Albert Monichino S.C. and the journal editor Russell Thirgood for their contribution to this journal.

Tags: Arbitration, Legal practice, Building and construction, Dispute handling administration