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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
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

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Publications

The Department of Commerce – WorkSafe Division has released a Discussion Paper on recommendations to amend the model Work Health and Safety Regulations (the WHS regulations) for the Western...
WorkSafe
Information
01 Jun 2016
Building Commission
Form – application
17 Nov 2015
Building Commission
Form – application
17 Nov 2015
Building Commission
Form – application
17 Nov 2015
Building Commission
Form – application
17 Nov 2015
Building Commission
Form – application
12 Nov 2015
Building Commission
Form – application
12 Nov 2015
Building Commission
Form – application
10 Nov 2015
Articles on website quick links for painters, new risk-based painting audits, painter forums, board representation, registration renewal, the Home Building Contracts Act, recent prosecutions against painters, dispute resolution, advertising and signage requirements and more.
Building Commission
Newsletter
14 Oct 2015

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Announcements

A new code of conduct for Western Australia's building and construction industry will be introduced to prevent anti-competitive behaviour, improve workplace safety and add to the suite of measures adopted by the State Government to ensure subcontractors are paid on time.
Building Commission
Department News
05 Dec 2016
Are you a subcontractor or small builder engaged in the WA building and construction industry? Would you like some useful tips about entering into construction contracts in WA? Do you want to learn more about making sure you get paid or what to do in the event of a dispute? If you answered 'yes' to the above, these training sessions are for you: Getting paid: information sessions on the...
Building Commission
Event
23 Nov 2016
Laws introduced by the Liberal National Government to protect payments to subcontractors in the construction industry have passed State Parliament.
Building Commission
Media release
23 Nov 2016
Kalbarri man Peter John Barry Ikin , trading as Cape York Connections , has been successfully prosecuted by the Building Commissioner for carrying out unregistered painting work at eight Mid West properties between December 2013 and June 2015.
Building Commission
Media release
14 Nov 2016
Trade painters and householders can dispose of waste paint and packaging responsibly at the following collection events.
Building Commission
Department News
08 Nov 2016
The Liberal National Government today introduced legislation into State Parliament to protect payments to subcontractors in the construction industry.
Building Commission
Department News
22 Sep 2016
The 2016-17 financial year sees the Australian Building Codes Board embarking on a significant suite of work relating to the advancement of the Energy Efficiency Provisions in the National Construction Code (NCC). These changes will be considered as part of NCC 2019.
Building Commission
Department News
21 Sep 2016
An interim report into the discovery of asbestos in the new Perth Children’s Hospital (PCH) has found the procurement processes used by principal contractor John Holland Pty Ltd to be comprehensive and consistent with industry practice. However, industry and government must improve processes for detecting and preventing the presence of non-conforming and hazardous products in buildings. Released...
Building Commission
Media release
13 Sep 2016
A report by Auditor General Colin Murphy has assessed how well the Building Commission regulates Western Australia’s residential building industry.
Building Commission
Department News
24 Jun 2016
Unregistered Rivervale painter Raymond Patrick O’Sullivan , trading as Prime Finishes Painting Services , has been successfully prosecuted by the Building Commissioner for registration offences and failing to comply with a building remedy order.
Building Commission
Media release
18 Apr 2016

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