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Once you have made an application for adjudication, it may be withdrawn at any time up until the adjudicator makes a determination.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

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Publications

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
Building Commission
Guide / handbook
20 Dec 2016
Articles on the Yuanda building products audit, paint adhesion to white set plaster, emergency plumbing repairs in remote Aboriginal communities, changes to the Construction Contracts Act, industry...
Building Commission
Newsletter
12 Dec 2016
From 15 December 2016, important changes to the Construction Contracts Act 2004 (the Act) come into effect. These changes aim to improve the operation of, and access to, the rapid adjudication scheme...
Building Commission
Bulletin
09 Dec 2016
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

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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
With Acting Commissioner for Consumer Protection David Hillyard We're in a new financial year and Consumer Protection has considered previous complaint trends and emerging issues to help decide priorities for the 12 months ahead. It's not always possible to predict problems that will arise in the marketplace, however in a number of areas there are some obvious pointers we can act on. We call this...
Consumer Protection
Media release
01 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
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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