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Once you have made an application for adjudication, it may be withdrawn at any time up until the adjudicator makes a determination.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

Articles on audit and compliance matters, industry updates, events, and links to new publications. Building Commission News 3/2017 Click here to view the newsletter
Building Commission
Newsletter
11 Sep 2017
A general inspection into the use of Yuanda products in Western Australian buildings.
Building Commission
Reports
31 Aug 2017
Articles on audit and compliance matters, industry updates, events, and links to new publications. Building Commission News 2/2017 Click here to view the newsletter
Building Commission
Newsletter
25 Jul 2017
Conciliation is a process whereby parties, with the help of a conciliator, meet to identify issues, develop solutions to the problem and explore ways to reach an agreement. This publication is a...
Building Commission
Information
12 Jul 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
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
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
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

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Announcements

Landsdale building company Goldbox Holdings Pty Ltd (BC11173), trading as Link Construction & Developments, has been fined $4,000 by the Building Services Board for failing to comply with two orders of the Building Commissioner.
Building Commission
Media release
09 Jan 2018
A Parkerville man has been prosecuted by the Building Commissioner and fined $5,000 for registration offences his company committed while contracting for and carrying out the fit-out of two commercial buildings in Belmont and Jandakot in 2013.
Building Commission
Media release
08 Jan 2018
A Bennett Springs man who provided false and misleading information in an attempt to become a registered builder has been prosecuted by the Building Commissioner.
Building Commission
Media release
02 Jan 2018
A Duncraig building company that continued to contract for and carry out building work after its building contractor registration lapsed has been successfully prosecuted by the Building Commissioner.
Building Commission
Media release
19 Dec 2017
Changes to Western Australia’s building regulations have clarified restrictions on the types of buildings and incidental structures a building surveyor may sign a compliance certificate for under the Building Act 2011 .
Building Commission
Department News
06 Dec 2017
A report released by ACIL Allen Consulting in February 2014 contained 51 recommendations broadly aimed at making Western Australia’s plumbing laws more modern and responsive to the changing needs of the industry.
Building Commission
Department News
06 Dec 2017
Applicants for a builder, building surveyor or painter’s registration in Western Australia are being reminded of their responsibilities when using a third party service provider to prepare their applications.
Building Commission
Media release
06 Dec 2017
'So you want to be a builder' information sessions. Running the first Tuesday of every month from February 2018.
Building Commission
Event
06 Dec 2017
A Maddington builder who provided incorrect and misleading information to become registered has been fined $5,000 and his request to cancel his registration has been accepted by the Building Services Board.
Building Commission
Media release
05 Dec 2017
Asbestos Awareness Week 2017 runs from 27 November - 1 December 2017. Please take this opportunity to ensure your workplace asbestos management systems are up to date, and that workers are aware of these systems. And remember – buildings built before 1990 are likely to contain materials with asbestos content. Follow the links for more information: Checklist for asbestos management Asbestos FAQ...
WorkSafe
Event
24 Nov 2017

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