Western Australia

Building and construction payment disputes after 1 August 2022

This information applies to construction contracts entered into after 1 August 2022.

If you entered into your construction contract before 1 August 2022, please click here

The Building and Construction Industry (Security of Payment) Act 2021 (the Act) promotes cash flow in the building and construction industry in WA by providing a number of protections for contractors and mechanisms for the recovery of payments. This includes protections for head contractors, subcontractors, and suppliers. All contractors doing construction work or supplying related goods and services under a construction contract have the right under the Act to claim and receive regular progress payments for their work. 

The Act applies to the majority of contracts entered into for construction work or the supply of related goods and services in WA after August 1 2022. Construction contracts entered into before August 1 2022 continue to be subject to the existing Construction Contracts (Former Provisions) Act 2004 (WA).

Resolution Institute is the only not-for-profit authorised nominating authority (ANA) under the Act and has a diverse group of not only legally qualified adjudicators but technical specialists who are leaders in their fields amongst its adjudicator members.

To find out more about the adjudication process under the Act, click here to go to the WA Department of Mining, Industry Regulation and Safety's (DMIRS) website.

Access a copy of the Act

View

Let us choose an adjudicator for you

You can use the application form to use the Resolution Institute nomination service to appoint an adjudicator for you.  Resolution Institute will assess your matter and appoint a suitably qualified and experienced adjudicator.  Resolution Institute will also have an online application form available shortly.  

Application Form

You can submit your application by:

  • Email: to [email protected] (with all supporting documents attached in readable formats e.g. PDF, Excel, etc.)
  • Or lodge in hard copy to the address below:

 

King Park Business and Secretarial Services
44 Kings Park Rd
West Perth WA 6005
Tel: +61 8 6263 4462
Opening hours: 9:00am - 5:00pm, Monday to Friday

 

 

Fees

Application fee

Nil

Adjudicator fees

Where your payment claim is $50,000 or less (including GST), the Act provides that the adjudicator will only charge fees up to a maximum limit as set out in the table below.

Payment claim amount

Maximum adjudication fee

Not more than $5,000

$990

$5,000 to $15,000

$1,500

$15,000 to $20,000

$2,750

$20,000 to $25,000

$3,300

$25,000 to $40,000

$5,500

$40,000 to $50,000

$7,250

Where your payment claim is more than $50,000, the adjudicator’s fees and expenses will usually be charged on an hourly rate as published on the DMIRS website.

Review adjudication

The Act provides an adjudication review mechanism for certain types of adjudication decisions and, in limited circumstances, you may be able to apply for review adjudication.  It is important to note that, if eligible, applications for review adjudication must be made within 5 business days of a determination being made.

For more information about the review adjudication process, click here