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Once you have made an application for adjudication, it may be withdrawn at any time up until the adjudicator makes a determination.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

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.
Building and Construction Code Monitoring Unit
Form – notification
11 Apr 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.
Building and Construction Code Monitoring Unit
Form – notification
11 Apr 2017
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

Pages

Announcements

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
The Building Services Board has imposed a condition on the building contractor registration of Kalgoorlie builder Simon Pekovich Homes Pty Ltd (BC66114), trading as Amberley Homes .
Building Commission
Media release
03 May 2017
The Building Services Board has imposed a condition on the contractor registration of Mount Hawthorn-based builder Turquoise Developments Pty Ltd (reg. BC14354), trading as Talbot Le Page Homes.
Building Commission
Media release
26 Apr 2017
The Building Commission’s final report into the construction of the Perth Children’s Hospital (PCH) has cleared the building of asbestos and fire safety issues and identifies the likely sources of the lead contamination.
Building Commission
Media release
24 Apr 2017
The Building Commission wishes to advise members of the building industry that the Australian Government has now finalised its response to the Review of the Disability (Access to Premises – Buildings) Standards 2010, commonly known as the ‘Premises Standards’. The review and response are now publicly available. On 1 May 2011 the Building Code of Australia (BCA) was amended to achieve consistency...
Building Commission
Department News
20 Apr 2017
Building Commissioner Peter Gow has issued a public warning about the financial status of Mount Hawthorn registered building contractor Turquoise Developments Pty Ltd (reg. BC14354), trading as Talbot Le Page Homes.
Building Commission
Media release
18 Apr 2017
Western Australians are being warned by Consumer Protection and the Building Commission not to deal with a roofing business that is ignoring door-to-door trading laws.
Building Commission
Media release
03 Apr 2017
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

Pages

Subscribe to Topics
Subscribe to RSS - Builder