Building and construction payment disputes before August 2022
This information applies to construction contracts entered into before 1 August 2022.
If you entered into your construction contract after 1 August 2022, please click here
The Construction Contracts (Former Provisions) Act 2004 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.
To find out more about the adjudication process, click here to go to the WA Department of Mining, Industry Regulation and Safety's (DMIRS) website.
To access a copy of the Act, click here