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Am I a subcontractor or an employee? An employee is paid according to a relevant award or contract and is supplied with the material and equipment required to do the work. A subcontractor is paid through invoices based on results achieved and will supply their own material and equipment to...
Subcontractors guide to payment disputes
An adjudicator’s determination is binding on the parties and appeal rights are very limited. The Act provides a right to apply to the State Administrative Tribunal only where the adjudicator dismissed the application for adjudication without making a determination of the dispute. The adjudicator...
Subcontractors guide to payment disputes
If the adjudicator has made a determination and payment has not been received within the time specified, then there are two steps that should be taken. The first step is to suspend works on the construction project. Under the Act, a contractor may give notice to the head contractor (or principal)...
Subcontractors guide to payment disputes
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Once you have made an application for adjudication, it may be withdrawn at any time up until the adjudicator makes a determination.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

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Publications

A general inspection into the use of Yuanda products in Western Australian buildings.
Building Commission
Reports
31 Aug 2017
This Industry Bulletin serves as a reminder to residential builders and permit authorities about their obligations and duties under the Home Building Contracts Act 1991 and related legislation,...
Building Commission
Bulletin
09 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
Building Commission
Form – application
05 Jul 2017
WorkSafe is seeing ongoing non-compliance with wall chasing work, such as: Use of petrol powered saws without local exhaust ventilation (LEV) on-tool, exposing workers to toxic carbon monoxide;...
WorkSafe
Bulletin
13 Jun 2017
Building Commission
Consultations / public comment
29 May 2017
This Industry Bulletin outlines interconnection requirements for mains-powered smoke alarms installed as part of new building work, such as an addition or alteration, to existing dwellings. This...
Building Commission
Bulletin
12 May 2017

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Announcements

The Building Commission has confirmed that testing found no asbestos-containing building products and materials supplied by Yuanda Australia in its general inspection of 13 Western Australian buildings.
Building Commission
Media release
31 Aug 2017
Margaret River registered builder William Robert Price (BC10294 & BP10294) has been fined $5,000 by the Building Services Board for negligent conduct.
Building Commission
Media release
30 Aug 2017
On 16 August 2017 building company SRM Construction Pty Ltd (reg. BC12999) appointed Michael Joseph Ryan and Ian Charles Francis of FTI Consulting (Australia) Pty Ltd as joint liquidators of the company. The Building Commission is investigating claims that home owners may not have received a valid policy of home indemnity insurance from the builder in accordance with its obligations under the...
Building Commission
Department News
22 Aug 2017
On 2 August 2017 building company Ravlich & Clent Constructions Pty Ltd (reg. BC13924) voluntarily appointed Shaun Boyle of DCS Advisory as the administrator of the company. Home owners who have entered into a home building work contract with Ravlich & Clent Constructions and have unfinished, faulty or unsatisfactory work should be covered by home indemnity insurance (HII). They are...
Building Commission
Department News
04 Aug 2017
Perth registered building contractor PTG Construction and Development Pty Ltd (reg. BC31514) and its director and nominated supervisor Pengtao Wen (BP100575) have been fined a total of $8,000 by the Building Services Board for misleading and negligent conduct.
Building Commission
Media release
03 Aug 2017
Canning Vale licensed plumbing contractor Richard James Palmer (PL7708) has been cautioned by the Plumbers Licensing Board (PLB) for negligence and incompetence.
Building Commission
Media release
11 Jul 2017
Canning Vale man Nicholas Bradley Mason (PL7879 – suspended), trading as Mason Plumbing and Gas , has had his plumbing contractor’s licence suspended for three months by the State Administrative Tribunal (SAT) as a result of disciplinary action by the Plumbers Licensing Board (PLB).
Building Commission
Media release
06 Jul 2017
Western Australian Building Commissioner Peter Gow today confirmed the Building Commission is broadening its audit of aluminium composite panels (ACPs) following the Grenfell Tower fire in London.
Building Commission
Media release
04 Jul 2017
Building Commissioner Peter Gow today announced a pricing reform to Western Australia’s home indemnity insurance (HII) scheme. Large volume and multi-unit project builders will have to pay a premium increase as of Monday 2 October 2017. The increase is required to ensure the HII scheme is sustainable and to prevent WA taxpayers from footing the bill for recent builder failures. Small to medium...
Building Commission
Media release
27 Jun 2017
The June 2017 edition of Building Commission News is out now. Read the Building Commission News Edition 2/2017 – June 2017 The newsletter features articles on audit and compliance matters, industry updates, events, and links to new publications. If you didn't receive a copy of the newsletter, make sure you are signed up to receive our news and updates. Subscribe to news and updates
Building Commission
Department News
13 Jun 2017

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