Building and Construction Industry (Security of Payment) Act 2021 (WA)
Act, published by Western Australian Parliament, version 00-e0-00 current from 1 Feb 2024. Western Australia.
10 obligations, clause by clause.
10 obligations transcribed from the Act, each held with its clause, the window it sets and what missing it costs.
| Where it is written | The obligation | Window | If missed | Disease |
|---|---|---|---|---|
| s 57 | Notify recourse against security within 5 business daysheld in the contract_notice register | 5 business days | barred | Missed claims |
| s 79(5) | Keep trust account records for 36 monthsheld in the retention_position register | 36 months | offence | Lapsed compliance |
| s 28(4) | Apply for adjudication within 20 business days if a claim is disputedheld in the contract_notice register | 20 business days | guidance | Disputes |
| s 34 | Respond to an adjudication application within 10 business daysheld in the contract_notice register | 10 business days | guidance | Disputes |
| s 23 | Make a progress claim on the cadence the contract allowsheld in the progress_claim register | 1 month | guidance | Disputes |
| s 24(1) | Make every claim a valid payment claim: identify the work and state the amountheld in the progress_claim register | none set | barred | Disputes |
| s 20(1) | Be paid within 20 business days of a payment schedule (or of the claim if none is given)held in the progress_claim register | 20 business days | guidance | Disputes |
| s 20(1) | Be paid within 25 business days of a payment schedule (or of the claim if none is given)held in the progress_claim register | 25 business days | guidance | Disputes |
| s 28(2) | Give notice of intention to apply for adjudication within 20 business daysheld in the contract_notice register | 20 business days | guidance | Disputes |
| s 25(1), s 26 | Receive a payment schedule within 15 business days of each claim, or the full amount becomes payableheld in the payment_schedule register | 15 business days | full amount payable | Disputes |
What this page is, and is not.
It is the clause text this library holds for this document, with the window and the consequence. It is not legal advice, and it is not a substitute for reading the document you signed.
No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.
Common questions
What does Building and Construction Industry (Security of Payment) Act 2021 (WA) s 57 require?
Notify recourse against security within 5 business days. Missing it: barred. The window is 5 business days. Demiton watches it against the contract_notice register.
What does Building and Construction Industry (Security of Payment) Act 2021 (WA) s 79(5) require?
Keep trust account records for 36 months. Missing it: offence. The window is 36 months. Demiton watches it against the retention_position register.
What does Building and Construction Industry (Security of Payment) Act 2021 (WA) s 28(4) require?
Apply for adjudication within 20 business days if a claim is disputed. Missing it: guidance. The window is 20 business days. Demiton watches it against the contract_notice register.
What does Building and Construction Industry (Security of Payment) Act 2021 (WA) s 34 require?
Respond to an adjudication application within 10 business days. Missing it: guidance. The window is 10 business days. Demiton watches it against the contract_notice register.
What does Building and Construction Industry (Security of Payment) Act 2021 (WA) s 23 require?
Make a progress claim on the cadence the contract allows. Missing it: guidance. The window is 1 month. Demiton watches it against the progress_claim register.
Does Demiton hold every obligation in Building and Construction Industry (Security of Payment) Act 2021 (WA)?
No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.