The Contruction Contracts Act 2004 came into operation on 1 January 2005.
The Act supports good payment practices in the building and construction industry by prohibiting payment provisions in contracts that slow or stop the movement of funds through the contracting chain; implying fair and reasonable payment terms into contracts that are not in writing; clarifying the right to deal in unfixed materials when a party to the contract becomes insolvent; and providing an effective rapid adjudication process for payment disputes.
The new rapid adjudication system helps individual parties and the industry with cash flow issues.
Above all, the Act gives claimants a quicker and cheaper means of being paid.
The Act covers contracts for:
- Building work on a site in Western Australia
- Supply of goods to the site, and fabrication off-site that includes delivery to site
- Professional work related to construction
Brochure - Introduction to the Construction Contracts Act 2004
Resolving your contract dispute
If you are a homeowner or working in the construction industry and are having a contract payment dispute you can appoint an Adjudicator to resolve the issue and expedite payment.
Adjudicators are people experienced in construction contract administration and dispute resolution and are registered by the Construction Contracts Registrar in accordance with the provisions in Section 47 of the Act.
Parties to a contract may agree on a registered Adjudicator, or if not able to agree, may apply to a registered Appointer for an Adjudicator to be appointed.
The Role of Building Management and Works
Building Management and Works is responsible for the administration of the provisions of the Act which includes:
- The Registration of Adjudicators and Appointers
- Reporting to the Minister for Housing and Works
Building Management and Works remains impartial on disputed matters.
If you are making a claim
As a claimant:
Within 28 days of a dispute arising you need to:
- Find a Registered Adjudicator or Appointer from the list below. The Adjudicator will lead you through the process.
Registered Adjudicators
If you cannot agree on a Registered Adjudicator, you should select a Prescribed Appointer to appoint an Adjudicator.
Prescribed Appointers - Download form 3 - Application for Adjudication.
- Lodge the claim with the Adjudicator and each party to the contract.
When you lodge an application you should ensure that it is in accordance with Part 3 of the Act. It is important for you to familiarise yourself with this part of the Act.
Download the Act
Construction Contracts Act 2004
Construction Contracts Regulations 2004
As a Respondent:
- Download Form 4 – Response to Application for Adjudication Form.
- Serve the Response to the Applicant within 14 days of receiving a claim from the Applicant.
Your response must be relevant to the dispute. (Refer to Section 27 of the Act)
Need more information?
Download this information guide to assist you further.
Construction Contracts Act 2004 Information Document (PDF 2.5 MB)
Please note the flowcharts mentioned on the contents page of this Guide (Information Sheets 2, 4, 5 and 8) are available to download below.
Information Sheet 2
Information Sheet 4
Information Sheet 5
Information Sheet 8
Information Guide for Homeowners
Building Payment Disputes: Information for Homeowners about the Construction Contracts Act (PDF 1.7 MB)
Construction Contracts Registrar Bulletins and Reports
Report of the Construction Contracts Registrar - 30 June 2008 (PDF 498 kB)
Report of the Construction Contracts Registrar - 30 June 2006 (PDF62 kB)
Construction Contracts Registrar Bulletin #1 - July 2005 (PDF 40 kB)
Further information for Adjudicators
Adjudication Training Courses
Code of Conduct for Registered Adjudicators
Practice Guidelines for Registered Adjudicators and Prescribed Appointors
Application for Registration as an Adjudicator (Form 1)
For clarification on any of these issues, contact...
Building Management and Works
Building Industry Development
Telephone: 1800 739 960
Email: bid@bmw.wa.gov.au
