Carving Out: Enforcing Payment Due Under a Payment Certificate Capable of Summary Relief

    View Author March 2021

    The decision in Tianqi Lithium Kwinana Pty Ltd v MSP Engineering Pty Ltd [No 2] [2020] WASCA 201 could significantly impact dispute resolution pursuant to provisions commonly used in Australian construction contracts that prescribe arbitration. The decision not only confirms that courts will look to the intention of parties that include express carve-outs for summary relief, but also serves as a timely reminder of the significance of a superintendent’s certification of payment claims, and the dispute process that flows from certification.