Bill 2020 - Western Australia Building and Construction Industry (Security of Payment) Bill 2020 - Short title

Sep 25, 2026

Upload by Rowan

Western Australia Building and Construction Industry (Security of Payment) Bill 2020 sets a statutory framework for construction contracts and the enforcement of progress payments. It defines key terms, specifies which construction contracts fall within scope, and establishes models and mandatory requirements, including prohibitions on unfair payment practices. The Bill details payment claims and schedules, adjudication and review procedures for payment disputes, adjudication fees, and mechanisms for paying or recovering adjudicated amounts, including trust-account funding and certification of determinations.

LanguageEnglish

CategoryForms

FormatPDF

Pages134

Reading Time47 min

AccessFree to download

Part 1—Preliminary

Division 1—Introductory

Division 2—Interpretation

Division 3—Application of Act

Part 2—Construction contracts and right to progress payments

Division 1—Form and content of construction contracts

Division 2—Right to progress payments

Part 3—Procedure for obtaining progress payments

Division 1—Payment claims and schedules

Division 2—Adjudication of payment disputes

Division 3—Review of adjudications

Division 4—Adjudication fees and expenses

Division 5—Payment and recovery of adjudicated and other amounts

Division 6—Claimant’s rights with respect to performance security

Division 7—Claimant’s right to suspend work or supply

Division 8—Claimant’s right to lien

Division 9—Miscellaneous provisions relating to payment claims

Part 4—Retention money trusts

Western Australia Building and Construction Industry (Security of Payment) Bill 2020 Contents Part 1—Preliminary Division 1—Introductory 1. Short title 2 2. Commencement 2 3. Object of Act 2 Division 2—Interpretation 4. Terms used: general 3 5. Term used: construction contract 7 6. Term used: construction work 7 7. Term used: related goods and services 9 8. Term used: value of construction contract 10 Division 3—Application of Act 9. Construction contracts to which Act applies 11 10. Construction contracts to which Act does not apply 12 11. Act binds Crown 14 Part 2—Construction contracts and right to progress payments Division 1—Form and content of construction contracts 12. Model forms of construction contracts 15 13. Construction contracts that are to be in writing and contain mandatory information 15 14. Prohibited terms: “pay when paid” provisions 17 15. Other prohibited terms prescribed by regulations 18 16. Notice-based time bar has no effect if declared unfair in particular case 18 207—1 page i Building and Construction Industry (Security of Payment) Bill 2020 Contents | 17. | Division 2—Right to progress payments
Right to progress payments | 20 | | --- | --- | --- | | 18. | Amount of progress payment | 22 | | 19. | Valuation of construction work and related goods and services | 22 | | 20. | Due date for payment | 23 | | 21. | Interest on payment after due date | 24 | | 22. | Part 3—Procedure for obtaining progress payments
Division 1—Payment claims and schedules
Making payment claims | 25 | | 23. | When payment claims may be made | 25 | | 24. | Content of payment claims | 27 | | 25. | Response to payment claim: payment schedule | 28 | | 26. | Claimed amount becomes payable if payment schedule not duly given | 29 | | 27. | Consequences of not paying claimed or scheduled amount | 30 | | 28. | Division 2—Adjudication of payment disputes
When claimant may apply for adjudication of payment claim | 32 | | 29. | To whom adjudication application made | 33 | | 30. | Requirements relating to adjudication application | 33 | | 31. | Withdrawal of adjudication application | 34 | | 32. | Appointment of adjudicator | 34 | | 33. | Disqualification of adjudicator with conflict of interest in adjudication application | 36 | | 34. | Adjudication response | 37 | | 35. | Adjudication procedures | 38 | | 36. | Jurisdiction to make determination, frivolous or | | | 37. | vexatious applications and complex applications Time allowed for adjudicator to determine adjudication application | 39
40 | | 38. | Adjudicator’s determination | 41 | | 39. | Division 3—Review of adjudications
When claimant or respondent may apply for review of adjudication | 44 | page ii Building and Construction Industry (Security of Payment) Bill 2020 Contents | 40. | Adjudicated amount in dispute to be paid into trust account before respondent may make adjudication review application | 45 | | --- | --- | --- | | 41. | To whom adjudication review application made | 46 | | 42. | Requirements relating to adjudication review application | 46 | | 43. | Withdrawal of adjudication review application | 47 | | 44. | Appointment of review adjudicator | 47 | | 45. | Adjudication review response | 49 | | 46. | Adjudication review procedures | 50 | | 47. | Time allowed for review adjudicator to determine adjudication review application | 51 | | 48. | Review adjudicator’s determination | 52 | | 49. | Division 4—Adjudication fees and expenses
Terms used | 54 | | 50. | Adjudication fees and expenses | 54 | | 51. | Miscellaneous provisions relating to adjudication fees and expenses | 56 | | 52. | Division 5—Payment and recovery of adjudicated and other amounts
Requirement to pay adjudicated amount or to repay excess amount | 57 | | 53. | Certification of determination if adjudicated amount not paid or excess amount not repaid | 58 | | 54. | Certified copy of determination enforceable as mo

FAQs

What does the Bill set out for construction contracts and progress payments?

It provides rules for progress payments, including how payment claims are made, how payment schedules operate, and how disputes are adjudicated and reviewed.

Which types of construction contracts are covered, and how is scope determined?

The Bill includes provisions identifying construction contracts to which the Act applies and those to which it does not apply, and it binds the Crown.

How are unpaid or disputed amounts handled through adjudication and certification?

It establishes adjudication procedures for payment disputes, review mechanisms, requirements for payment of adjudicated amounts (including trust-account funding in dispute), and certification of determinations as enforceable monetary judgments.

Sep 25, 2026

Upload by Rowan