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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
In very simple terms, adjudication can only start after you make a payment claim to the person or company that owes you money. Where the person or company fails to pay your claim or disputes the amount, you can then apply to have the dispute decided by an adjudicator who will determine the payment...
Subcontractors guide to payment disputes
Under the Act, adjudication is when an adjudicator – a registered, trained professional experienced in construction contract administration and dispute resolution – is appointed to review the issue and expedite the resolution of a payment dispute. Adjudication is an inexpensive method for obtaining...
Subcontractors guide to payment disputes
The Act applies to all contracts for the carrying out of construction work in Western Australia entered into after 1 January 2005. Construction work is defined in the Act to include the carrying out of most trade work, or supply of goods and services, typically associated with building and...
Subcontractors guide to payment disputes
For anyone working in the construction industry, the Act provides a number of very important protections to ensure fair conduct and cash flow. The Act: Provides that contracts with payment on terms greater than 50 days shall be read as requiring payment within 50 days (be aware that from 3 April...
Subcontractors guide to payment disputes
You have carried out work on a construction project and have not been paid, or the client has refused to pay you the full amount owed. What do you do? It is important to understand that your right to be paid comes from your contract and you need to follow the payment process set out in your...
Subcontractors guide to payment disputes
This guide is intended to help you understand how to resolve contractual payment disputes using the Construction Contracts Act 2004 (the Act) and outlines the process for parties undertaking rapid adjudication and the rights and obligations of parties to contracts for building and construction work...
Subcontractors guide to payment disputes
In Western Australia workers have been killed by lightning, the most recent in 2014 when a backpacker working on a farm at Bruce Rock died after she was struck by lightning. Workers are most at risk working out in the open, on the sea or other waterways or sheltering under trees or other structures...
Environmental factors
The Building and Construction Code Monitoring Unit has responsibility for monitoring compliance with the Western Australian Building and Construction Industry Code of Conduct 2016. The unit is located within the Department of Mines, Industry Regulation and Safety. Contact the Building and...
Contact us
These resources provide information and answers to frequently asked questions about the Western Australian Building and Construction Industry Code of Conduct 2016 . The BCI Code is also supported by Implementation Guidelines . Resources – General Information on BCI Code: Responsibility for...
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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
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...
WA Building and Construction Code Monitoring Unit
Guidance note
07 Aug 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.
WA Building and Construction Code Monitoring Unit
Guidance note
07 Aug 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.
WA Building and Construction Code Monitoring Unit
Guidance note
07 Aug 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.
WA Building and Construction Code Monitoring Unit
Guidance note
07 Aug 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.
WA Building and Construction Code Monitoring Unit
Guidance note
07 Aug 2017
Building Commission
Reports
11 Apr 2017

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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

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