Western Australia is the one state where you must check your contract date before you do anything, because WA is mid-transition between two completely different Security of Payment systems. Run the wrong process and the claim is wasted, even when the debt is real.
New to how this works? Start with Security of Payment explained.
Which Act applies — check the contract date first
- Contracts signed on or after 1 August 2022: the Building and Construction Industry (Security of Payment) Act 2021 (WA). The modern, East-Coast-style system — payment claims, payment schedules, adjudication. Use this for anything current.
- Contracts before 1 August 2022: the old Construction Contracts Act 2004 (WA). A different "payment dispute" model, now only relevant for older contracts.
The 2021 Act process (new contracts)
- Payment claim for a progress payment.
- Payment schedule — the respondent has 15 business days to reply with what they will pay and why (WA Building and Energy: security of payment).
- Adjudication — you must apply within 20 business days of becoming entitled (WA: applying for adjudication). If no payment schedule was given, you first give written notice and the respondent gets 5 business days to provide one.
- When payment is due: 20 business days after the payment claim (principal to head contractor), or 25 business days (to a subcontractor, or where there is no head contractor), unless the contract sets an earlier date. This due date is what starts your adjudication clock.
- Adjudication response: 10 business days. Determination: 10 business days (extendable to 20 by agreement).
The legacy Construction Contracts Act 2004 (old contracts only)
A "payment dispute" model: any party can apply for adjudication within 90 business days of the dispute arising, with a statutory right to suspend work after an unpaid determination and a 42-day default payment term where the contract is silent.
Common mistakes
- Running the old CCA 2004 model on a post-August-2022 contract, or the reverse — the wrong process voids the claim.
- Assuming WA works exactly like NSW. The two-model split is WA's own.
- Missing the 20-business-day adjudication window under the 2021 Act.
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