I wonder if CXM haven't paid the fee and they were required to...

I wonder if CXM haven't paid the fee and they were required to pay the fee, could they loose the project?
It has to be assumed SCF would not be wasting their time disputing nothing. Not good this dark cloud when CXM is likely looking for cash to get the project up and going.
Was it 78million needed from the DFS? If the dispute is settled I'd be tempted to get some when the raising happens.