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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
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...
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Publications

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
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
Principals, contractors, subcontractors, and suppliers working in the building and construction industry should be aware that the remaining sections 7 and 20 of the Construction Contracts Amendment...
Building Commission
Bulletin
24 Mar 2017
Building Commission
Checklist
20 Mar 2017

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Announcements

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
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
WA Building and Construction Code Monitoring Unit
Department News
23 Jan 2017

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