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I have heard that adjudication is too costly? While there are costs involved with using adjudication, typically these costs are far less than those involved in commencing court action. Do construction contracts need to be in writing? No. There is no requirement that construction contracts be in...
Subcontractors guide to payment disputes
An adjudicator’s determination is binding on the parties and appeal rights are very limited. The Act provides a right to apply to the State Administrative Tribunal only where the adjudicator dismissed the application for adjudication without making a determination of the dispute. The adjudicator...
Subcontractors guide to payment disputes
If the adjudicator has made a determination and payment has not been received within the time specified, then there are two steps that should be taken. The first step is to suspend works on the construction project. Under the Act, a contractor may give notice to the head contractor (or principal)...
Subcontractors guide to payment disputes
The adjudicator’s determination is binding on the parties, until the time of a court judgement or arbitration award is made concerning the matter arising under the contract. If neither party initiates court or arbitration proceedings the determination will remain binding. If the determination...
Subcontractors guide to payment disputes
Once you have made an application for adjudication, it may be withdrawn at any time up until the adjudicator makes a determination. If you wish to withdraw the application and cease adjudication, the Act requires that you serve a notice to withdraw on both the adjudicator and the respondent. Where...
Subcontractors guide to payment disputes
Once the adjudicator has received the application and the response the adjudicator has 10 business days to assess the dispute and make a determination. If no response is provided, then the adjudicator has 10 business days from when a response would have been due. The adjudicator must decide to...
Subcontractors guide to payment disputes
Once an application for adjudication has been properly served, the first step will be for the appointor to appoint an adjudicator to determine your dispute. Under the Act, the appointor must appoint an adjudicator within five business days after receiving the application and notify all parties in...
Subcontractors guide to payment disputes
Adjudication is a quick, cost effective alternative to going to court or arbitration. While there are specific rules that must be followed, you don’t need to be a legal expert. An application for adjudication is either made to a nominated adjudicator, or to a prescribed appointor. An application...
Subcontractors guide to payment disputes
From 15 December 2016 , changes to the Act apply which provide greater flexibility in the time limits for making applications for adjudication of disputed payment claims. In essence, these changes complement what is known as ‘claims recycling’ under construction contracts. Under these changes if a...
Subcontractors guide to payment disputes
Once you have submitted a payment claim, one of three things can occur. Either the head contractor (or principal) pays the claim; notifies you they reject or dispute the claim (e.g. by issuing a payment certificate for only part or all of the amount claimed); or fails to pay the claim within the...
Subcontractors guide to payment disputes

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Publications

This Industry Bulletin outlines interconnection requirements for mains-powered smoke alarms installed as part of new building work, such as an addition or alteration, to existing dwellings. This...
Building Commission
Bulletin
12 May 2017
The following is a guide for home owners who may have concerns about the stability of the plasterboard ceilings within their home.
Building Commission
Fact sheet
11 May 2017
This industry bulletin provides information for building industry practitioners and regulators regarding changes to termite management system standards referenced by the Building Code of Australia (...
Building Commission
Bulletin
27 Apr 2017
The Building Commission has released a final audit report on some compliance and conformance issues that arose during the construction of the new Perth Children’s Hospital (PCH) at the QEII Medical...
Building Commission
Fact sheet
24 Apr 2017
An audit of contractor and product performance in the construction of the new Perth Children’s Hospital.
Building Commission
Reports
24 Apr 2017
Articles on regulatory matters, electronic enablement initiatives, industry updates, events, and links to new publications. Building Commission News 1/2017 Click here to view the newsletter
Building Commission
Newsletter
13 Apr 2017
A building contractor must notify the BCCMU of a breach or a suspected breach of the BCI Code as soon as practicable, but no later than 48 hours after becoming aware of it.
WA Building and Construction Code Monitoring Unit
Form – notification
07 Aug 2017
To advise the BCCMU if any aspect of the Tender preparation was inconsistent with the obligations outlined in paragraph 25 of the BCI Code 2016.
WA Building and Construction Code Monitoring Unit
Form – notification
07 Aug 2017

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Announcements

Building Commissioner Peter Gow today announced a pricing reform to Western Australia’s home indemnity insurance (HII) scheme. Large volume and multi-unit project builders will have to pay a premium increase as of Monday 2 October 2017. The increase is required to ensure the HII scheme is sustainable and to prevent WA taxpayers from footing the bill for recent builder failures. Small to medium...
Building Commission
Media release
27 Jun 2017
The June 2017 edition of Building Commission News is out now. Read the Building Commission News Edition 2/2017 – June 2017 The newsletter features articles on audit and compliance matters, industry updates, events, and links to new publications. If you didn't receive a copy of the newsletter, make sure you are signed up to receive our news and updates. Subscribe to news and updates
Building Commission
Department News
13 Jun 2017
Carramar plumber James Raymond Hudson (PL5487) has been ordered to pay a $3,000 fine to the Building Commission and has had a condition placed on his licence by the Plumbers Licensing Board (PLB) as a result of the disciplinary action against him in May 2017. At the 29 May meeting the Board recommended the actions as a result of breaches of the Plumbers Licensing and Plumbing Standards...
Building Commission
Media release
09 Jun 2017
The Map of Bush Fire Prone Areas 2017 (the Map) that comes into effect on Thursday 1 June 2017, is now available from the Department of Fire and Emergency Services (DFES) website. This edition of the Map will show both ‘new’ bush fire prone areas and those ‘continuing’ from earlier editions of the Map. All bush fire prone areas will be coloured pink on the Map, with ‘new’ bush fire prone areas...
Building Commission
Department News
02 Jun 2017
The directors of The Patio Guys (WA) Pty Ltd (in liquidation), Sean and Roberta Keown, have been successfully prosecuted by the Building Commissioner for offences committed by the company. In the Bunbury Magistrates Court on 29 May 2017, Mr and Mrs Keown were each ordered to pay fines totalling $1,500 and ordered to pay costs of $578 after pleading guilty to three charges each. The first two...
Building Commission
Media release
01 Jun 2017
Registered builder Anthony Clay trading as Mallee Tree Homes and Additions has accepted a fine of $5,000 and costs of $1,500 as a result of disciplinary action commenced by the Building Services Board in the State Administration Tribunal in April 2017. As a result of the proceedings, Mr Clay admitted that he had engaged in negligent conduct and harsh, misleading or deceptive conduct, in...
Building Commission
Media release
31 May 2017
Building Commissioner Peter Gow has issued a public warning about the status of registered building contractor Contempo Group Pty Ltd (reg. BC14145). The Building Commission has been advised by Contempo Group’s director that the building contractor’s nominated building supervisor, Mr John Hewitt (reg. 14108) is no longer performing the role of nominated supervisor. The Building Commission has...
Building Commission
Media release
22 May 2017
Residential building work over $20,000 must be covered by home indemnity insurance (HII) which protects owners against the risk of losing the deposit or other financial loss if the builder cannot complete the work or meet a valid claim for faulty or unsatisfactory building work because of death, disappearance or insolvency. Residential builders, owner builders and permit authorities are reminded...
Building Commission
Department News
22 May 2017
The April 2017 edition of Building Commission News is out now. Read the Building Commission News Edition 1/2017 – April 2017 The newsletter features articles on regulatory matters, electronic enablement initiatives, industry updates, events, and links to new publications . If you didn't receive a copy of the newsletter, make sure you are signed up to receive our news and updates. Subscribe to...
Building Commission
Department News
13 Apr 2017
The Building Commission has become aware of a number of ceiling collapses, particularly in homes completed between the years 2005 and 2009, which prompted an investigation into what caused the ceilings to fail. The Building Commission has inspected seven homes where ceiling failures had been reported. The homes inspected were completed during the past 10 or so years. The Building Commission’s...
Building Commission
Media release
11 May 2017

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