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Once you have made an application for adjudication, it may be withdrawn at any time up until the adjudicator makes a determination.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

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Publications

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
This technical note has been issued to advise the plumbing industry about the current requirements for temperature control in heated water services.
Building Commission
Technical standards
01 Feb 2017
Process and time for adjudications under the provisions of the Construction Contracts Act 2004 as amended by the Construction Contracts Amendment Act 2016.
Building Commission
Fact sheet
13 Jan 2017
This template form can serve as a record of authorised emergency plumbing work in remote aboriginal communities as required under Part 4A of the Plumbers Licensing and Plumbing Standards Regulations...
Building Commission
Template
14 Dec 2016
Articles on the Yuanda building products audit, paint adhesion to white set plaster, emergency plumbing repairs in remote Aboriginal communities, changes to the Construction Contracts Act, industry...
Building Commission
Newsletter
12 Dec 2016
From 15 December 2016, important changes to the Construction Contracts Act 2004 (the Act) come into effect. These changes aim to improve the operation of, and access to, the rapid adjudication scheme...
Building Commission
Bulletin
09 Dec 2016

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Announcements

On 14 December 2016, the Plumbers Licensing and Plumbing Standards Regulations 2000 were amended to provide for the Plumbers Licensing Board (PLB) to administer drainage plumbing diagrams in Western Australia.
Building Commission
Department News
07 Mar 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
Geraldton and Bunbury's building industries are invited to learn more about construction contracting, including options for resolving payment disputes, at seminars in February. Run by the Building Commission in partnership with the Master Builders Association (WA) and Jackson McDonald, the seminars is suitable for subcontractors, small builders or other interested people in the building and...
Building Commission
Media release
19 Jan 2017
The December 2016 edition of Building Commission News is out now.
Building Commission
Department News
15 Dec 2016
Information about amendments to the Plumbers Licensing and Plumbing Standards Regulations 2000 (Plumbing Regulations) that came into effect on 14 December 2016.
Building Commission
Department News
14 Dec 2016
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
The Minister for Commerce has approved amendments being made to the Plumbers Licensing and Plumbing Standards Regulations 2000 (the Plumbing Regulations) to help improve health and living conditions in Western Australia’s remote Aboriginal communities. The changes will allow a suitably qualified environmental health worker based in or close to communities where ready access to a licensed plumber...
Building Commission
Department News
05 Dec 2016
Currently, all new heated water installations are required to be temperature controlled at the outlets of sanitary plumbing fixtures used primarily for personal hygiene in accordance with the Plumbing Code of Australia and AS/ NZS 3500.4:2015, clause 1.9.2. The requirement above also applies when replacing a water heater with one of a different type, capacity or heat source; for example, when an...
Building Commission
Department News
12 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

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