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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
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

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Publications

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
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
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
This application form is for an electrician's training licence for an Indentured apprentice.
EnergySafety
Form – application
06 Oct 2015
This application is to be used for applicants undertaking training as a Pre-apprentice.
EnergySafety
Form – application
06 Oct 2015
This application form is used to apply for a restricted electrical licence on completion of the refrigeration and airconditioning bridging course.
EnergySafety
Form – application
11 Aug 2015
This application form is for an electrician's licence to carry out electrical fitting work on completion of the Gap Training Program (Gap Training), which resulted in the issue of a Certificate III...
EnergySafety
Form – application
12 May 2015
The following steps are recommended if you wish to appeal against an Inspector's Order issued to you by an Inspector (Electricity). Step one Contact the issuing inspector to clarify the issue...
EnergySafety
Information
30 Apr 2015
Explanatory notes Purpose of this document This document details the application and renewal processes for the designation of Inspectors (Electricity) in Western Australia. It also sets out the...
EnergySafety
Guide / handbook
29 Jun 2017
This document aims to assist people designated or applying to be designated as an Inspector (Electricity). It provides information on the categories of designation, the power and limitations of an Inspector (Electricity) under the Energy Coordination Act 1994 , and the standard of conduct that an Inspector (Electricity) is expected to maintain when carrying out their duties.
EnergySafety
Code of practice
29 Jun 2017

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Announcements

The Building Commission’s final report into the construction of the Perth Children’s Hospital (PCH) has cleared the building of asbestos and fire safety issues and identifies the likely sources of the lead contamination.
Building Commission
Media release
24 Apr 2017
Building Commissioner Peter Gow has issued a public warning about the financial status of Mount Hawthorn registered building contractor Turquoise Developments Pty Ltd (reg. BC14354), trading as Talbot Le Page Homes.
Building Commission
Media release
18 Apr 2017
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
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
A handyman who took money from consumers but failed to carry out the work has been fined $6,000, ordered to pay a customer $2,150 in compensation and must also pay the $3,800 it cost Consumer Protection to prosecute him. Daniel Murray Howard, who has previously been convicted of dishonesty offences, pleaded guilty to three contraventions of the Australian Consumer Law during a hearing at the...
Consumer Protection
Media release
23 Feb 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 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

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