Building and construction payment disputes
The Construction Contracts Act 2004 (the Act) came into operation in Western Australia on 1 January 2005. The Act supports good payment practices in the building and construction industry and provides an effective rapid adjudication process for payment disputes.
The rapid adjudication process helps individual parties and the industry with cash flow issues. This process allows an experienced and independent adjudicator to review the claim, and where satisfied that some payment is due, make a binding determination for money to be paid.
Resolution Institute (and previously the Institute of Arbitrators & Mediators Australia (IAMA) prior to its merger with LEADR to form Resolution Institute in 2015) has been a prescribed appointer and approved training provider under the Act since its inception in 2005 and Resolution Institute has many experienced registered adjudicators amongst its members in Western Australia.
- Claims up to $200,000 = fixed fee of $220 (incl. GST)
- Claims between $200,001 and $999,999 = fixed fee of $440 (incl. GST)
- Claims of $1,000,000 and above = fixed fee of $660 (incl. GST)
Please note: the fee will be required to be paid in advance of a nomination of an adjudicator. It is anticipated that the fee will be lodged with an Application for Adjudication, however if this does not occur, the applicant will be asked to lodge the fee before an appointment is made.
As dedicated members of the not for profit membership association for alternative dispute resolution, Resolution Institute, adjudicators appointed by the Resolution Institute pay 15 percent of fees received from adjudications to the Resolution Institute to enable the achievement of its vision for ‘a world where people resolve conflicts well’.
Let us choose an adjudicator for you
Complete the online form to use the Resolution Institute nomination service to appoint an adjudicator for you. Then, please submit your payment.
Resolution Institute will assess your matter and appoint a suitably qualified and experienced adjudicator.
If completing the online process is not suitable for you, you may serve documents to the address below.
Kings Park Business and Secretarial Services
44 Kings Park Rd
West Perth WA 6005
Tel: 08 6263 4462
Operation hours: 9:00am - 5:00pm
Please note these operating hours are not affected by the COVID-19 pandemic and the office remains open for service during business hours as listed.
If the parties wish they may jointly agree an adjudicator. As the largest dispute resolution organisation in Australia and New Zealand, Resolution Institute dispute resolver directories let you (jointly) select a professional adjudicator based in WA. There is no fee to search the directory.
Caution: The time limit for selection and acceptance by a directly appointed adjudicator is 90 business days,