Department of Commerce
'The Building Commission'

This Weeks Episode of Home in WA

Contact:
Jane Vallance

Email:
info@buildingcommission.wa.gov.au

Website:
http://www.buildingcommission.wa.gov.au

Phone:
1300 489 099

Fax:
(08) 9476 1330

Address:
Level 1, 31 Troode Street
West Perth WA 6005

Every day individuals and organisations enter into contracts for building and construction work and sometimes disputes arise over payments, often resulting in expensive legal action. Now, there is a fair and fast alternative adjudication process which is good news for everyone concerned.

Resolving payment disputes for the parties involved in building or construction contracts is a complex matter. Legislation has been introduced which allows payment disputes arising from a written or oral construction contract, to be dealt with by rapid and highly effective adjudication.

It’s very simple and designed to ensure that payments for goods and services are made in a timely fashion. Where an invoice or payment claim is either disputed or not paid on time or not paid in full then a payment dispute has arisen .A party to that payment dispute has 28 days from that time to lodge an application for adjudication.

You start the process by lodging a written application, detailing the dispute, with a “prescribed appointor”, who will then appoint the most appropriate “registered adjudicator” for that dispute.

Once the adjudication process starts, there is a14 day period to provide information to the Adjudicator. The adjudicator then has14 days thereafter to make a decision. That decision is binding and can be enforced through the courts.

Payment disputes between employees and employers, which is distinct from contracting, is not covered under this process.
You can find out more online at www.buildingcommission.wa.gov.au or ring the Building Commission on 1300 489 099.