The company spearheading the construction of Melbourne's $6.7 billion West Gate Tunnel has taken its builders to court, following a bid to terminate the project over soil contamination.
Builders CPB Contractors and John Holland wanted out, claiming contaminated soil at the construction site was an unforeseen circumstance that meant their contract couldn't be fulfilled.
Toll giant Transurban earlier this year asked the Victorian government whether it could legally rip up its contract if the builders' attempts were found to be valid.
The government said no, and Transurban has taken the builders to the Supreme Court over a stoush about how to resolve the dispute.
Court documents show the company is accused of engaging in "misleading or deceptive conduct" over the extent of contaminated soil likely at the site, before it minted a contract.
Transurban has asked for an injunction preventing the builders from beginning arbitration "prematurely" and in breach of its contract.
CPB Contractors and John Holland on Thursday asked for a stay of proceedings.
The matter is due back in court on Friday.
At least 200 workers on the project have lost their jobs since January as the fight delays construction, with completion now slated to 2023 - a year behind schedule.