WA Construction Contracts Act: An Overview
This form is designed to help you through the process of making an adjudication application under the Construction Contract Act 2004 (WA). Please note that this form applies only to building work which was carried out in the state of Western Australia.
If your construction work took place in the Northern Territory, please press here >>
For all other states, please press here >>
For a more detailed overview of the processes outlined by the Act and its purpose, please follow this link:
Please note that for an application to be valid it must comply with s26(1) standards of service.
In addition, the work must fall within the definition of either "building and construction work" as laid out in s4 of the Act or "related goods and services" as laid out in s5 of the Act.
Please note that any application which is the subject of an order, judgment or other finding by an arbitrator or other person or a court or other body dealing with a matter arising under a construction contract is invalid under s25(b) of the Act. Additionally, an adjudicator may decline to adjudicate on any matter which they deem too complex to fairly make a determination under s31(2)(c)(iv) of the Act.
If you have carried out relevant work under the Act and are entitled to a progress payment, you may serve a “payment claim” on the party who is liable to pay you. Details of how this should be done will usually be found in your contract. If your contract does not contain information about payment claims then the terms laid out in Schedule 1 Division 4 of the Act will be implied.
For further information on making payment claims please click the following link:
If you have made a payment claim, and it has either been disputed or not paid, then your eligibility to apply for adjudication will depend on whether a “payment dispute” has arisen. A definition of payment dispute can be found in s6 of the Act.
For further information on payment disputes please click the following link:
If applicable, please attach a copy of the notice of dispute
s26 of the Act requires that any adjudication application must be within 90 business days of the payment dispute arising.
Please note that the adjudicator has jurisdiction to determine the merits of the relevant payment dispute under s32(2)(b) of the Act.
Name of the representative of the Applicant (if applicable)
Roles and responsibilities of the Applicant under the construction contract
Name of the representative of the Respondent (if applicable)
Roles and responsibilities of the Respondent under the construction contract
Name: Institute of Arbitrators and Mediators Australia
ABN and/or ACN: 80 008 520 045
Address/PO Box: Corporate Edge Business Services
(Corporate) Suite 3
11 Preston Street
Como WA 6152
Phone number: (08) 6278 2022
Fax number: (02) 9251 3733
Email address: email@example.com
Appointed Adjudicator (if applicable)
ABN and/or ACN
s26 (2)(c) of the Act requires that all the information, documentation and submissions on which the applicant relies to be attached on this form.
NB: If supporting documentation is either too large or too numerous, physical service can be made on Resolution Office in Sydney (13-15 Bridge St Sydney, NSW, 2000)
If you wish to upload documentation via Cloud, Dropbox, etc. please copy link below: