Builder

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Payment disputes Am I a subcontractor or an employee? An employee is paid according to a relevant award or contract and is supplied with the material and equipment required to do the work. A subcontractor is paid through invoices based on results achieved and will supply their own material and...
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Once you have made an application for adjudication, it may be withdrawn at any time up until the adjudicator makes a determination.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

In May 2017 p resenters from both WorkSafe and the Health Department delivered an information session on asbestos health risks, the relevant legislation, and some common issues that arise in relation...
WorkSafe
Information
23 Oct 2017
A general inspection report into the construction of sheet metal clad timber framed roofing in Perth metropolitan and South West regions.
Building Commission
Reports
10 Oct 2017
A breakdown of the number and general location of buildings identified as being within the scope of the Western Australian state-wide cladding audit.
Building Commission
Reports
09 Nov 2017
While apartment living has many advantages, the fire at the Grenfell Tower in London and other fire events in Australia and around the world have highlighted the importance of fire safety in high-...
Building Commission
Fact sheet
03 Oct 2017
Articles on audit and compliance matters, industry updates, events, and links to new publications. Building Commission News 3/2017 Click here to view the newsletter
Building Commission
Newsletter
11 Sep 2017
A general inspection into the use of Yuanda products in Western Australian buildings.
Building Commission
Reports
31 Aug 2017
This Industry Bulletin serves as a reminder to residential builders and permit authorities about their obligations and duties under the Home Building Contracts Act 1991 and related legislation,...
Building Commission
Bulletin
09 Aug 2017
Articles on audit and compliance matters, industry updates, events, and links to new publications. Building Commission News 2/2017 Click here to view the newsletter
Building Commission
Newsletter
25 Jul 2017

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Announcements

Landsdale building company Goldbox Holdings Pty Ltd (BC11173), trading as Link Construction & Developments, has been fined $4,000 by the Building Services Board for failing to comply with two orders of the Building Commissioner.
Building Commission
Media release
09 Jan 2018
A Parkerville man has been prosecuted by the Building Commissioner and fined $5,000 for registration offences his company committed while contracting for and carrying out the fit-out of two commercial buildings in Belmont and Jandakot in 2013.
Building Commission
Media release
08 Jan 2018
A Bennett Springs man who provided false and misleading information in an attempt to become a registered builder has been prosecuted by the Building Commissioner.
Building Commission
Media release
02 Jan 2018
A Duncraig building company that continued to contract for and carry out building work after its building contractor registration lapsed has been successfully prosecuted by the Building Commissioner.
Building Commission
Media release
19 Dec 2017
The Building Commission has produced a guidance note and new Building Act form to deal with amending a building permit to substitute a replacement builder where the builder is unable to continue the building work. This is generally due to insolvency, death or disappearance. Building Act Guidance Note – Building permit: amending builder's details BA19 – Request to amend building permit Enquiries...
Building Commission
Department News
19 Dec 2017
Changes to Western Australia’s building regulations have clarified restrictions on the types of buildings and incidental structures a building surveyor may sign a compliance certificate for under the Building Act 2011 .
Building Commission
Department News
06 Dec 2017
Applicants for a builder, building surveyor or painter’s registration in Western Australia are being reminded of their responsibilities when using a third party service provider to prepare their applications.
Building Commission
Media release
06 Dec 2017
'So you want to be a builder' information sessions. Running the first Tuesday of every month from February 2018.
Building Commission
Event
06 Dec 2017
If you are involved in the building and construction industry in regional Western Australia, you shouldn’t miss this important learning opportunity. Morning session – 9.00am to 12.30pm The Building Code of Australia (BCA) information session is a half day program in the morning covering the following Australian Building Codes Board information, (being presented in Perth on 27 and 28 February 2018...
Building Commission
Event
05 Dec 2017
A Maddington builder who provided incorrect and misleading information to become registered has been fined $5,000 and his request to cancel his registration has been accepted by the Building Services Board.
Building Commission
Media release
05 Dec 2017

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