Builder

Topics

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Once you have made an application for adjudication, it may be withdrawn at any time up until the adjudicator makes a determination.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
The first step in the process, if you have not already done so, is to make a claim for payment under your contract. Most written contracts contain provisions detailing how and when claims for progress payment, final payment or return of security are made, and how the head contractor (or principal)...
Subcontractors guide to payment disputes

Pages

Publications

Model clauses which may be used in connection with expressions of interest, requests for tender, purchase orders and subcontracts between a contractor and its subcontractor in circumstances where the...
Building and Construction Code Monitoring Unit
Guidance note
11 Apr 2017
This checklist has been developed as a tool for Building Contractors to use to assist them with identifying areas where they may not comply with the requirements of the BCI Code.
Building and Construction Code Monitoring Unit
Guidance note
11 Apr 2017
It is imperative that Government agencies tendering for State Building Works include the obligation to comply with the BCI Code within requests for tender and through the contractual process.
Building and Construction Code Monitoring Unit
Guidance note
11 Apr 2017
Every Building Contractor who is covered by the BCI Code must have a freedom of association policy in place for the time they remain covered by the BCI Code.
Building and Construction Code Monitoring Unit
Guidance note
11 Apr 2017
A Head Contractor who enters into a contract for State Building Work exceeding $10 million in value must have a BCI Code compliant WRMP in place prior to commencing work.
Building and Construction Code Monitoring Unit
Guidance note
12 Apr 2017
Building Commission
Reports
11 Apr 2017
Recently WorkSafe has seen scaffolding where damaged components and unsafe practices were used in the erection of the scaffold. These included broken connection lugs and components secured with wire...
WorkSafe
Bulletin
07 Apr 2017
A checklist for removing non-friable (bonded) asbestos, for both licenced asbestos removalists and for those removing small quantities (less than 10 m2) who do not require a licence.
WorkSafe
Checklist
31 Mar 2017

Pages

Announcements

The Building Commissioner has the function under the building service Acts to audit the conduct and work of registered building service providers. Compliance audits are routinely carried out assisting builders to comply with legislative responsibilities and technical issues. The audit program aims to reduce the number of complaints and provide improved compliancy throughout the industry. The data...
Building Commission
Department News
29 Mar 2017
A Canning Vale registered building contractor’s misleading and deceptive conduct has resulted in it being fined $2,500 by the Building Services Board.
Building Commission
Media release
29 Mar 2017
Nedlands man Rohan Keane O’Neill, trading as O’Neill’s Maintenance, has again been prosecuted by the Building Commissioner, this time relating to an incomplete kitchen and bathroom renovation in Como.
Building Commission
Media release
14 Mar 2017
The Building Commission will visit eight towns in regional Western Australia between March and May to update the local building industries on matters relating to the Building Code of Australia (BCA) and roof compliance.
Building Commission
Media release
13 Mar 2017
Graeme John Williams, the director and secretary of formerly registered and since liquidated building company Moonfern Pty Ltd (reg. BC11102 – expired), trading as Williams Homes, has been prosecuted by the Building Commissioner for performing work and demanding a deposit for the construction of a Broome dwelling without first providing the owners with a certificate of home indemnity insurance.
Building Commission
Media release
22 Feb 2017
The Building Regulations 2012 were amended on 8 February 2017 to introduce a transitional process for making streamlined applications under section 39 of the Building Act 2011 for seeking a declaration from the Building Commissioner for the non-application or modification of a bush fire building standard. The Building Commissioner can only make a declaration when satisfied that the declaration...
Building Commission
Department News
13 Feb 2017
The Building Services Board has imposed conditions on the contractor registration of Burswood-based builder Builtoncorp Pty Ltd (reg. BC12114).
Building Commission
Media release
01 Feb 2017
On 23 January 2017, building company Builtoncorp Pty Ltd (reg. BC12114) voluntarily appointed Jeremy Nipps and Dino Travaglini of Cor Cordis as administrators of the company.
Building Commission
Department News
24 Jan 2017
Public information sessions on the BCI Code have now finished. If you would like a member of the BCCMU to come to your workplace to discuss obligations in relation to the BCI Code please contact 1300 110 232 or bccmu@commerce.wa.gov.au
Building and Construction Code Monitoring Unit
Department News
23 Jan 2017
Model clauses for tender documents and contracts have been developed for Funding Entities. Please contact the Building and Construction Code Monitoring Unit on 1300 110 232 or bccmu@commerce.wa.gov.au for a copy.
Building and Construction Code Monitoring Unit
Department News
23 Jan 2017

Pages

Subscribe to Topics
Subscribe to RSS - Builder