Contact Building and Energy
For licensing and technical enquiries
Building and Energy general queries
Tel: 1300 489 099
Fax: (+618) 6251 1501
This information applies to construction contracts entered into before 1 August 2022. For contracts entered into on or after 1 August 2022 see the Building and Construction Industry (Security of Payment) Act 2021 webpages.
The Construction Contracts Regulations 2004 provide that for the purposes of the definition of 'prescribed appointor' in section 3 of the Act, the persons listed below are prescribed and active:
Address: Level 28, AMP Tower, 140 St Georges Terrace, PERTH WA 6000
Phone: 1300 760 297
Fax: 1300 760 220
Application/Appointment fee $Nil
Fixed fees, and where appointed by Adjudicate Today and at the request of the applicant:
|Value of payment claim (GST inclusive)||Maximum adjudicator fee payable (GST inclusive)|
|Up to $15,000||$1,089|
|$15,001 to $25,000||$2,178|
|$25,001 to $40,000||$3,300|
Above $40,000, and where appointed by Adjudicate Today:
|Grade of Adjudicator||Hourly rate (GST inclusive)|
|Senior or Chief||$450|
When appointed by agreement of the parties, the hourly rate is that nominated by the adjudicator on the Building Commission website.
Only experienced adjudicators are appointed Grade 2 or Senior. The majority of small value claims are completed in 12 hours or less however large claims; multiple claims; claims in which the respondent argues the dispute is outside the jurisdiction of the Act and/or raises other complex legal arguments; poorly presented claims or responses; or claims in which parties request conferences or inspections can exceed 12 hours.
It is wrong to assume that senior adjudicators will necessarily be more expensive. Our practical experience is that the more senior the adjudicator, the less time is required to finalise a determination. Adjudicators do not bill for a minimum number of hours. Only actual hours worked are billed.
The adjudicator pays Adjudicate Today a service fee which includes the cost of processing and administration of adjudication matters, collecting fees, paying of staff, overheads for 7 offices across Australia and the promotion of security of payment Acts and adjudication generally. The service fee is one-third of the adjudicator's fee and is paid by the adjudicator from the adjudicator fee. It is not an additional fee to parties. An Adjudicate Today adjudicator does not bill extra time to cover the cost of the service fee or for administrative time.
c/- Level 3, 500 Hay Street, SUBIACO WA 6008
Mobile: 0415 650 835
Contact: D Humphry
AIB rate to appoint an adjudicator: $220.00 including GST
Note: Where the Australian Institute of Building appoints a registered adjudicator from its panel to adjudicate a payment dispute with a dispute value within the designated ranges set out in the schedule below, the amount payable to the appointed adjudicator for adjudicating the dispute will not exceed the maximum fee stated in the schedule commensurate with the value of the payment dispute.
|Value of payment dispute (GST inclusive)||Maximum adjudicator fee payable (GST exclusive)|
|Up to $5,000||$750|
|$5,001 to $10,000||$1,250|
|$10,001 to $20,000||$2,500|
For payment disputes with a value greater than $20,000.00 (including GST), the cost of the adjudication will be in accordance with the provisions of section 44 of the Construction Contracts Act 2004.
Level 3, 35-37 Havelock Street
West Perth WA 6005
Phone: (08) 9476 9800
Fax: (08) 9476 9801
Rates: A flat fee of $250.00 (plus GST) to appoint an adjudicator regardless of the size of the claim.
This fee is to be paid in advance of a nomination of an adjudicator.
For postal applications please include a cheque payable to “Master Builders Association".
(Association members can opt to be invoiced for the nomination).
(Replaces the Institute of Arbitrators and Mediators Australia (IAMA))
Kings Park Business & Secretarial Services
44 Kings Park Road
WEST PERTH WA 6005
Phone: (08) 6278 2022
Fax: (02) 9251 3733
Appointment rate: $Nil
Resolution Institute is the peak industry body and a not-for-profit membership association for dispute resolution disciplines, and has been a prescribed appointor in WA since the Construction Contracts Act came into operation in 2005. Member Adjudicators appointed by Resolution Institute pay a contribution of 15 per cent of their fee to Resolution Institute to support its purpose to promote and foster the use of dispute resolution and develop and support high standards of professional practice. This contribution is included, not in addition to, the fees set by Resolution Institute Adjudicator members and published on this website. It is not an additional fee charged to parties.
c/- RICS Australasia (Dispute Resolution Service)
Suite 317, 60 Martin Place
Sydney NSW 2000
Phone: 1300 953 459
Fax: 1300 953 529
Rates: $220.00 including GST for claims up to $200,000 including GST
$330.00 including GST for claims over $200,000 but not exceeding $500,000 including GST
$440.00 including GST for claims over $500,000 but not exceeding $1 million including GST
$660.00 including GST for claims above $1 million including GST
The applicable fee is required to be paid with the adjudication application. A nomination fee of 10% of the adjudicator's fee applies to adjudicators who accept nominations from RICS' Dispute Resolution Service.
c/- NECA (Union of Employers)
Unit 18, 199 Balcatta Road
Balcatta WA 6021
PO Box 782
Balcatta WA 6914
Ph: 08 6241 6100
Fax: 08 9240 4866
Rates: A flat fee of $200.00 plus GST applies regardless of claim size. The appointment fee will be waived for members of NECA WA.