The Construction Contracts Act 2004 (WA) provides a legislated process to assist with security of payment for parties to a construction contract within Western Australia, known as Adjudication.
The process is intended to be quick and cost effective, therefore making it widely accessible. A qualified independent person (known as an Adjudicator) determines whether or not a payment is due based on written submissions.
If you have a payment dispute and wish to use the Adjudication process, an application for Adjudication must be served within 90 business days of the payment dispute arising. A payment dispute can arise several ways including by written or oral rejection of a payment claim or by a payment claim becoming overdue.
If you have been served with an application you wish to defend, a response must be submitted within ten business days of receipt of the application.
We can assist with:
The assessment of your payment claim to gauge suitability of the Adjudication process for your circumstances;
Preparation and service of an application for Adjudication; and
Preparation and service of a response to an application for Adjudication, if you have been served with one.*
*Olistan Consulting Pty Ltd can only represent one party to a particular dispute and not both
High Industry Success Rate
We have extensive experience with the preparation of applications and responses with dispute values ranging from under $10,000 through to over $1 million with a high success rate.
Up To Date Information
We pride themselves on keeping up to date with developments within the Adjudication process, giving you the best chance of success.
We have experience with Adjudication in other states. Please contact us to discuss your interstate dispute.
Each year the Building Commission releases an annual report with various statistics relating to payment disputes referred to Adjudication under the Construction Contracts Act 2004 (WA). The 2017 report details 176 applications for adjudication made in the 1 July 2016 to 30 June 2017 period. Each application for Adjudication is required to be dismissed or determined…Read More
Have you ever been offered 60 or even 90 day payment terms within a construction contract? Many have, and have felt they had no choice but to accept the terms offered for fear of losing work. However, did you know there is legislation that provides protection against payment terms of these durations? The Construction Contracts…Read More