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.