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Once you have made an application for adjudication, it may be withdrawn at any time up until the adjudicator makes a determination.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

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Publications

Areas for consideration by the second Building Summit in August, 2016.
Building Commission
Advisory note
01 Nov 2016
This technical note has been issued to provide advice on the correct requirements when installing water heaters and water tanks in roof spaces.
Building Commission
Technical standards
18 Oct 2016
This Decision Paper has been prepared in compliance with the Western Australian Government’s requirement for a regulatory impact assessment and provides details of proposed reforms to the Plumbers...
Building Commission
Discussion paper
17 Aug 2016
In July 2016 asbestos was found in composite roof panels at the new Perth Children’s Hospital. The roof panels were imported from China and classified as “asbestos free”, but testing by a National...
WorkSafe
Alert
09 Sep 2016
Building Commission
Form – notification
14 Jul 2016
On Wednesday 1 June 2016, the WorkSafe Western Australia Commissioner released the Discussion Paper - Work Health and Safety Regulations for Western Australia (the discussion paper) for public...
WorkSafe
Information
19 Jul 2016
This technical note has been published to provide information on unintentionally heated cold water, floor wastes and floor waste gullies, flammable insulation in wall cavities and plumbing services...
Building Commission
Technical standards
25 Oct 2016

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Announcements

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
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
The best way to ensure quality painting and plumbing work, and to make sure only ‘fit and proper’ persons are entering your client’s homes and places of business, is to engage appropriately registered and licensed tradespersons. Painters’ registration requirements Individuals, partnerships and companies that contract with others to provide painting services valued over $1,000 must be registered...
Building Commission
Department News
01 Nov 2016
Western Australia's home building industry and new home owners are continuing to enjoy savings, as more outdated requirements are removed from the State's building regulations.
Building Commission
Media release
13 Oct 2016
Online licensing to save time and money for businesses and tradespeople. Electronic lodgement of notices will reduce overheads for industry.
Building Commission
Department News
12 Oct 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
Waterman’s Bay licensed plumbing tradesperson Gary Clayton Hummerston (TL11472) has been successfully prosecuted by the Plumbers Licensing Board (PLB) for failing to comply with a condition of his licence.
Building Commission
Media release
14 Sep 2016

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