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Contracts and standards / Western Australia

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 writtenThe obligationWindowIf missedDisease
s 57Notify recourse against security within 5 business daysheld in the contract notice register5 business daysthe claim is barredMissed claims
s 79(5)Keep trust account records for 36 monthsheld in the retention position register36 monthsan offenceLapsed compliance
s 28(4)Apply for adjudication within 20 business days if a claim is disputedheld in the contract notice register20 business daysno penalty statedDisputes
s 34Respond to an adjudication application within 10 business daysheld in the contract notice register10 business daysno penalty statedDisputes
s 23Make a progress claim on the cadence the contract allowsheld in the progress claim register1 monthno penalty statedDisputes
s 24(1)Make every claim a valid payment claim: identify the work and state the amountheld in the progress claim registernone setthe claim is barredDisputes
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 register20 business daysno penalty statedDisputes
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 register25 business daysno penalty statedDisputes
s 28(2)Give notice of intention to apply for adjudication within 20 business daysheld in the contract notice register20 business daysno penalty statedDisputes
s 25(1), s 26Receive a payment schedule within 15 business days of each claim, or the full amount becomes payableheld in the payment schedule register15 business daysyou are liable for the full amountDisputes

Work out a payment schedule or adjudication date under this Act with the Security of Payment deadline calculator.

How the Act works, in every state: What is the Security of Payment Act?, Payment claims, Payment schedules, Adjudication, Retention, Supporting statements, Missed deadlines, By state.

Security of Payment in the other states: Security of Payment Act NSW, BIF Act Qld, Security of Payment Act Vic, Security of Payment Act SA, Security of Payment Act Tas, Security of Payment Act ACT, Security of Payment Act NT.

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.

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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: the claim is 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: an 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: no penalty stated. 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: no penalty stated. 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: no penalty stated. 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.

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