Building and construction payment disputes before 1 August 2022
This information applies to construction contracts entered into prior to 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
Did you know the security of payment arrangements in WA have changed?
New rights to payment apply to construction contracts entered into from 1 August 2022 under the Building and Construction Industry (Security of Payment) Act 2021. If you would like to find out more about arrangements under the new Act click here
Let us choose an adjudicator for you
Complete the online form to use the Resolution Institute nomination service to appoint an adjudicator for you.
Resolution Institute will assess your matter and appoint a suitably qualified and experienced adjudicator.
If you are unable to lodge online, you can submit your application by:
- Email: to email@example.com (with all supporting documents attached in readable formats e.g. PDF, Excel, etc.)
- Fax: to +61 2 9251 3733
- Or lodge in hard copy to the address below:
Kings Park Business and Secretarial Services
44 Kings Park Rd
West Perth WA 6005
Tel: +61 8 6263 4462
Opening hours: 9:00am - 5:00pm, Monday to Friday
If the parties wish they may jointly agree on an adjudicator. Resolution Institute's dispute resolver directory lets the parties jointly select a professional adjudicator who is registered and accredited in WA. There is no fee to search the directory.
Please note the strict time limits under the Act still apply to applications lodged directly with an adjudicator.