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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Construction Contracts Bill 2004
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Interpretation 2
4. Construction work 4
5. Goods and services related to construction work 6
6. Payment dispute 8
7. Construction contracts to which this Act applies 8
8. Application to Crown 9
Part 2 -- Content of construction
contracts
Division 1 -- Prohibited provisions
9. Prohibited: pay if paid/when paid provisions 10
10. Prohibited: provisions requiring payment to be made
after 50 days 10
11. Prohibited: prescribed provisions 10
12. Other provisions of contract not affected 10
Division 2 -- Implied provisions
13. Variations of contractual obligations 10
14. Contractor's entitlement to be paid 11
15. Contractor's entitlement to claim progress payments 11
16. Making claims for payment 11
17. Responding to claims for payment 11
18. Time for payment 11
19. Interest on overdue payments 12
20. Ownership of goods 12
21. Duties as to unfixed goods on insolvency 12
22. Retention money 12
23. Implied provisions: interpretation etc. 13
page i
271--2
Construction Contracts Bill 2004
Contents
Part 3 -- Adjudication of disputes
Division 1 -- Preliminary
24. Interpretation of "construction contract" 14
Division 2 -- Commencing adjudication
25. Who can apply for adjudication 14
26. Applying for adjudication 14
27. Responding to an application for adjudication 15
28. Appointment of adjudicator in absence of agreed
appointment 16
29. Adjudicators: conflicts of interest 17
Division 3 -- The adjudication process
30. Object of the adjudication process 17
31. Adjudicator's functions 18
32. Adjudication procedure 19
33. Interest up to determination 20
34. Costs of parties to payment disputes 21
35. Certificates of completion etc., effect of 21
36. Determination, content of 22
37. Dismissed applications 23
Division 4 -- Effect of determinations
38. Determinations have effect despite other proceedings 23
39. Payment of amount determined and interest 23
40. Progress payments under determinations to be on
account 24
41. Determinations are final 24
Division 5 -- Enforcing determinations
42. Non-compliance by principal, contractor may suspend
its obligations 25
43. Determinations may be enforced as judgments 26
Division 6 -- General
44. Costs of adjudications 26
45. Effect of this Part on civil proceedings 28
46. Review, limited right of 29
Part 4 -- Administration
47. Registrar, appointment and functions 30
48. Registering adjudicators 30
49. Review of registration decisions 31
page ii
Construction Contracts Bill 2004
Contents
50. Publication of adjudicators' decisions 31
51. Appointors' and adjudicators' rates to be published 32
52. Annual report 32
Part 5 -- Miscellaneous
53. No contracting out 33
54. Immunity from tortious liability 33
55. Regulations 34
56. Review of Act 34
Schedule 1 -- Implied provisions 35
Division 1 -- Variations 35
1. Variations must be agreed 35
Division 2 -- Contractor's entitlement to be paid 35
2. Contractor entitled to be paid 35
Division 3 -- Claims for progress payments 35
3. Entitlement to claim progress payments 35
4. When claims for progress payments can be made 35
Division 4 -- Making claims for payment 36
5. Claim for payment, content 36
Division 5 -- Responding to claims for payment 37
6. Interpretation in Division 5 37
7. Responding to a payment claim 37
Division 6 -- Interest on overdue payments 38
8. Interest payable on overdue payments 38
Division 7 -- Ownership of goods 39
9. When ownership of goods supplied by contractor
passes 39
Division 8 -- Duties as to unfixed goods on
insolvency 39
10. Duties of principal or landowner etc. as to unfixed
goods on insolvency 39
Division 9 -- Retention money 40
11. Retention money to be held on trust 40
Defined Terms
page iii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Construction Contracts Bill 2004
A Bill for
An Act --
• to prohibit or modify certain provisions in construction
contracts;
• to imply provisions in construction contracts about certain
matters if there are no written provisions about the matters in the
contracts;
• to provide a means for adjudicating payment disputes arising
under construction contracts,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Construction Contracts Bill 2004
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Construction Contracts Act 2004.
2. Commencement
5 (1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
3. Interpretation
In this Act, unless the contrary intention appears --
10 "adjudication" means the adjudication of a payment dispute in
accordance with Part 3;
"applicant", in relation to an adjudication, means the person
who, under section 26, makes the application for the
adjudication;
15 "appointed adjudicator", in relation to a payment dispute,
means the registered adjudicator who, having been
appointed under Part 3 to adjudicate the dispute, has been
served with the application for adjudication;
"construction contract" means a contract or other agreement,
20 whether in writing or not, under which a person (the
"contractor") has one or more of these obligations --
(a) to carry out construction work;
(b) to supply to the site where construction work is being
carried out any goods that are related to construction
25 work by virtue of section 5(1);
(c) to provide, on or off the site where construction work
is being carried out, professional services that are
related to the construction work by virtue of
section 5(2);
page 2
Construction Contracts Bill 2004
Preliminary Part 1
s. 3
(d) to provide, on the site where construction work is
being carried out, on-site services that are related to
the construction work by virtue of section 5(3)(b);
"construction work" has the meaning given to that term in
5 section 4;
"contractor" has the meaning given by the definition of
"construction contract";
"costs of an adjudication" has the meaning given to that term
in section 44;
10 "determination" means a determination, made on an
adjudication under Part 3, of the merits of a payment
dispute;
"obligations", in relation to a contractor, means those of the
obligations described in the definition of "construction
15 contract" that the contractor has under the construction
contract;
"party", in relation to an adjudication, means the applicant and
any person on whom an application for the adjudication is
served;
20 "party", in relation to a construction contract, means a party to
the contract;
"payment claim" means a claim made under a construction
contract --
(a) by the contractor to the principal for payment of an
25 amount in relation to the performance by the
contractor of its obligations under the contract; or
(b) by the principal to the contractor for payment of an
amount in relation to the performance or
non-performance by the contractor of its obligations
30 under the contract;
"payment dispute" has the meaning given to that term in
section 6;
"prescribed appointor" means a person prescribed as such by
the regulations;
page 3
Construction Contracts Bill 2004
Part 1 Preliminary
s. 4
"principal", in relation to a construction contract, means the
party to whom the contractor is bound under the contract;
"registered adjudicator" means an individual registered as
such under section 48;
5 "Registrar" means the Construction Contracts Registrar
designated under section 47.
4. Construction work
(1) In this section --
"civil works" includes --
10 (a) a road, railway, tramway, aircraft runway, canal,
waterway, harbour, port or marina;
(b) a line or cable for electricity or telecommunications;
(c) a pipeline for water, gas, oil, sewage or other
material;
15 (d) a path, pavement, ramp, tunnel, slipway, dam, well,
aqueduct, drain, levee, seawall or retaining wall; and
(e) any works, apparatus, fittings, machinery or plant
associated with any works referred to in
paragraph (a), (b), (c) or (d);
20 "site in WA" means a site in Western Australia, whether on
land or off-shore.
(2) In this Act --
"construction work" means any of the following work on a
site in WA --
25 (a) reclaiming, draining, or preventing the subsidence,
movement or erosion of, land;
(b) installing, altering, repairing, restoring, maintaining,
extending, dismantling, demolishing, or removing,
any works, apparatus, fittings, machinery, or plant,
30 associated with any work referred to in paragraph (a);
page 4
Construction Contracts Bill 2004
Preliminary Part 1
s. 4
(c) constructing the whole or a part of any civil works, or
a building or structure, that forms or will form,
whether permanently or not and whether in WA or
not, part of land or the sea bed whether above or
5 below it;
(d) fixing or installing on or in any thing referred to in
paragraph (c) any fittings forming, or to form,
whether permanently or not, part of the thing,
including --
10 (i) fittings for electricity, gas, water, fuel oil, air,
sanitation, irrigation, telecommunications,
air-conditioning, heating, ventilation, fire
protection, cleaning, the security of the thing,
and the safety of people; and
15 (ii) lifts, escalators, insulation, furniture and
furnishings;
(e) altering, repairing, restoring, maintaining, extending,
dismantling, demolishing or removing any thing
referred to in paragraph (c) or any fittings described
20 in paragraph (d) that form part of that thing;
(f) any work that is preparatory to, necessary for, an
integral part of, or for the completion of, any work
referred to in paragraph (a), (b), (c), (d) or (e),
including --
25 (i) site or earth works, excavating, earthmoving,
tunnelling or boring;
(ii) laying foundations;
(iii) erecting, maintaining or dismantling
temporary works, a temporary building, or a
30 temporary structure including a crane or other
lifting equipment, and scaffolding;
(iv) cleaning, painting, decorating or treating any
surface; and
(v) site restoration and landscaping;
page 5
Construction Contracts Bill 2004
Part 1 Preliminary
s. 5
(g) any work that is prescribed by regulations to be
construction work for the purposes of this Act.
(3) Despite subsection (2) construction work does not include any
of the following work on a site in WA --
5 (a) drilling for the purposes of discovering or extracting oil
or natural gas, whether on land or not;
(b) constructing a shaft, pit or quarry, or drilling, for the
purposes of discovering or extracting any mineral
bearing or other substance;
10 (c) constructing any plant for the purposes of extracting or
processing oil, natural gas or any derivative of natural
gas, or any mineral bearing or other substance;
(d) constructing, installing, altering, repairing, restoring,
maintaining, extending, dismantling, demolishing, or
15 removing, wholly artistic works, including sculptures,
installations and murals;
(e) work prescribed by the regulations not to be
construction work for the purposes of this Act.
(4) In this Act --
20 "construction work" does not include constructing the whole
or part of any watercraft.
5. Goods and services related to construction work
(1) For the purposes of this Act, goods are related to construction
work if they are --
25 (a) materials or components (whether pre-fabricated or not)
that will form part of any thing referred to in
section 4(2)(b) or 4(2)(c) or of any fittings referred to in
section 4(2)(d);
(b) any fittings referred to in section 4(2)(d) (whether
30 pre-fabricated or not);
(c) plant or materials (whether supplied by sale, hire or
otherwise) for use in connection with the carrying out of
page 6
Construction Contracts Bill 2004
Preliminary Part 1
s. 5
the construction work at the site of the construction
work; or
(d) goods prescribed by the regulations to be related to
construction work for the purposes of this Act.
5 (2) For the purposes of this Act, professional services are related to
construction work if they are --
(a) services that are provided by a profession and that relate
directly to construction work or to assessing its
feasibility (whether or not it proceeds) --
10 (i) including surveying, planning, costing, testing,
architectural, design, plan drafting, engineering,
quantity surveying, and project management,
services; but
(ii) not including accounting, financial, or legal,
15 services;
or
(b) services that are provided by a profession that are
prescribed by the regulations to be professional services
related to construction work for the purposes of this Act.
20 (3) For the purposes of this Act, on-site services --
(a) are services other than professional services referred to
in subsection (2); and
(b) are related to construction work if they are --
(i) services that relate directly to construction work,
25 including the provision of labour to carry out
construction work; or
(ii) services prescribed by the regulations to be
on-site services related to construction work for
the purposes of this Act.
30 (4) The regulations may prescribe goods, professional services or
on-site services that are not related to construction work for the
purposes of this Act.
page 7
Construction Contracts Bill 2004
Part 1 Preliminary
s. 6
6. Payment dispute
For the purposes of this Act, a payment dispute arises if --
(a) by the time when the amount claimed in a payment
claim is due to be paid under the contract, the amount
5 has not been paid in full, or the claim has been rejected
or wholly or partly disputed;
(b) by the time when any money retained by a party under
the contract is due to be paid under the contract, the
money has not been paid; or
10 (c) by the time when any security held by a party under the
contract is due to be returned under the contract, the
security has not been returned.
7. Construction contracts to which this Act applies
(1) This Act applies to a construction contract entered into after this
15 Act comes into operation.
(2) This Act applies to a construction contract --
(a) irrespective of whether it is written or oral or partly
written and partly oral;
(b) irrespective of where it is entered into; and
20 (c) irrespective of whether it is expressed to be governed by
the law of a place other than Western Australia.
(3) This Act does not apply to a construction contract to the extent
to which it contains provisions under which a party is bound to
carry out construction work, or to supply goods or services that
25 are related to construction work, as an employee (as defined in
the Industrial Relations Act 1979 section 7) of the party for
whom the work is to be carried out or to whom the goods or
services are to be supplied.
(4) This Act, or a provision of this Act, does not apply to a
30 construction contract, or a class of construction contracts,
page 8
Construction Contracts Bill 2004
Preliminary Part 1
s. 8
prescribed by the regulations as a contract or class of contracts
to which this Act, or that provision, does not apply.
8. Application to Crown
This Act binds the Crown.
page 9
Construction Contracts Bill 2004
Part 2 Content of construction contracts
Division 1 Prohibited provisions
s. 9
Part 2 -- Content of construction contracts
Division 1 -- Prohibited provisions
9. Prohibited: pay if paid/when paid provisions
A provision in a construction contract has no effect if it purports
5 to make the liability of a party ("A") to pay money under the
contract to another party contingent, whether directly or
indirectly, on A being paid money by another person (whether
or not a party).
10. Prohibited: provisions requiring payment to be made after
10 50 days
A provision in a construction contract that purports to require a
payment to be made more than 50 days after the payment is
claimed is to be read as being amended to require the payment
to be made within 50 days after it is claimed.
15 11. Prohibited: prescribed provisions
A provision in a construction contract has no effect if it is a
provision that is prescribed by the regulations to be a prohibited
provision.
12. Other provisions of contract not affected
20 A provision in a construction contract that has no effect because
of section 9 or 11 or that is modified under section 10 does not
prejudice or affect the operation of other provisions of the
contract.
Division 2 -- Implied provisions
25 13. Variations of contractual obligations
The provisions in Schedule 1 Division 1 are implied in a
construction contract that does not have a written provision
page 10
Construction Contracts Bill 2004
Content of construction contracts Part 2
Implied provisions Division 2
s. 14
about variations of the contractor's obligations under the
contract.
14. Contractor's entitlement to be paid
The provisions in Schedule 1 Division 2 are implied in a
5 construction contract that does not have a written provision
about the amount, or a means of determining the amount, that
the contractor is entitled to be paid for the obligations the
contractor performs.
15. Contractor's entitlement to claim progress payments
10 The provisions in Schedule 1 Division 3 are implied in a
construction contract that does not have a written provision
about whether or not the contractor is able to make a claim to
the principal for a progress payment for the obligations the
contractor has performed.
15 16. Making claims for payment
The provisions in Schedule 1 Division 4 are implied in a
construction contract that does not have a written provision
about how a party is to make a claim to another party for
payment.
20 17. Responding to claims for payment
The provisions in Schedule 1 Division 5 about when and how a
party is to respond to a claim for payment made by another
party are implied in a construction contract that does not have a
written provision about that matter.
25 18. Time for payment
The provisions in Schedule 1 Division 5 about the time by when
a payment must be made are implied in a construction contract
that does not have a written provision about that matter.
page 11
Construction Contracts Bill 2004
Part 2 Content of construction contracts
Division 2 Implied provisions
s. 19
19. Interest on overdue payments
The provisions in Schedule 1 Division 6 are implied in a
construction contract that does not have a written provision
about interest to be paid on any payment that is not made at the
5 time required by the contract.
20. Ownership of goods
The provisions in Schedule 1 Division 7 are implied in a
construction contract that does not have a written provision
about when the ownership of goods that are --
10 (a) related to construction work; and
(b) supplied to the site of the construction work by the
contractor under its obligations,
passes from the contractor.
21. Duties as to unfixed goods on insolvency
15 The provisions in Schedule 1 Division 8 are implied in a
construction contract that does not have a written provision
about what is to happen to unfixed goods of a kind referred to in
section 20 if either of the following persons becomes
insolvent --
20 (a) the principal; or
(b) a person for whom, directly or indirectly, the principal is
performing construction work or to whom, directly or
indirectly, the principal is supplying goods and services
that are related to construction work.
25 22. Retention money
The provisions in Schedule 1 Division 9 are implied in a
construction contract that does not have a written provision
about the status of money retained by the principal for the
performance by the contractor of its obligations.
page 12
Construction Contracts Bill 2004
Content of construction contracts Part 2
Implied provisions Division 2
s. 23
23. Implied provisions: interpretation etc.
The Interpretation Act 1984 and sections 3 to 6 of this Act
apply to the interpretation and construction of a provision that is
implied in a construction contract under this Part despite any
5 provision in a construction contract to the contrary.
page 13
Construction Contracts Bill 2004
Part 3 Adjudication of disputes
Division 1 Preliminary
s. 24
Part 3 -- Adjudication of disputes
Division 1 -- Preliminary
24. Interpretation of "construction contract"
Without affecting the operation of section 9, 11 or 53, a
5 reference in this Part to a construction contract is a reference to
the contract including any provision that is modified under
section 10 or implied in the contract under Part 2 Division 2.
Division 2 -- Commencing adjudication
25. Who can apply for adjudication
10 If a payment dispute arises under a construction contract, any
party to the contract may apply to have the dispute adjudicated
under this Part unless --
(a) an application for adjudication has already been made
by a party, whether or not a determination has been
15 made, but subject to section 37(2); or
(b) the dispute is the subject of an order, judgment or other
finding by an arbitrator or other person or a court or
other body dealing with a matter arising under a
construction contract.
20 26. Applying for adjudication
(1) To apply to have a payment dispute adjudicated, a party to the
contract, within 28 days after the dispute arises or, if applicable,
within the period provided for by section 37(2)(b), must --
(a) prepare a written application for adjudication;
25 (b) serve it on each other party to the contract;
(c) serve it --
(i) if the parties to the contract have appointed a
registered adjudicator and that adjudicator
consents, on the adjudicator;
page 14
Construction Contracts Bill 2004
Adjudication of disputes Part 3
Commencing adjudication Division 2
s. 27
(ii) if the parties to the contract have appointed a
prescribed appointor, on that appointor;
(iii) otherwise, on a prescribed appointor chosen by
the party;
5 and
(d) provide any deposit or security for the costs of the
adjudication that the adjudicator or the prescribed
appointor requires under section 44(8) or (9).
(2) The application --
10 (a) must be prepared in accordance with, and contain the
information prescribed by, the regulations;
(b) must set out the details of, or have attached to it --
(i) the construction contract involved or relevant
extracts of it; and
15 (ii) any payment claim that has given rise to the
payment dispute;
and
(c) must set out or have attached to it all the information,
documentation and submissions on which the party
20 making it relies in the adjudication.
(3) A prescribed appointor that is served with an application for
adjudication made under subsection (1) must comply with
section 28.
27. Responding to an application for adjudication
25 (1) Within 14 days after the date on which a party to a construction
contract is served with an application for adjudication, the party
must prepare a written response to the application and serve it
on --
(a) the applicant and on any other party that has been served
30 with the application; and
page 15
Construction Contracts Bill 2004
Part 3 Adjudication of disputes
Division 2 Commencing adjudication
s. 28
(b) the appointed adjudicator or, if there is no appointed
adjudicator, on the prescribed appointor on which the
application was served under section 26(1)(c).
(2) The response --
5 (a) must be prepared in accordance with, and contain the
information prescribed by, the regulations;
(b) must set out the details of, or have attached to it, any
rejection or dispute of the payment claim that has given
rise to the dispute; and
10 (c) must set out or have attached to it all the information,
documentation and submissions on which the party
making it relies in the adjudication.
28. Appointment of adjudicator in absence of agreed
appointment
15 (1) If an application for adjudication is served on a prescribed
appointor the appointor, within 5 days after being served,
must --
(a) appoint a registered adjudicator to adjudicate the
payment dispute concerned;
20 (b) send the application and any response received by it to
the adjudicator;
(c) notify the parties in writing accordingly; and
(d) notify the Registrar in writing accordingly.
(2) If a prescribed appointor does not make an appointment under
25 subsection (1) the Registrar may appoint a registered
adjudicator to adjudicate the payment dispute concerned.
(3) If the Registrar makes an appointment under subsection (2), the
Registrar must --
(a) notify the prescribed appointor in writing accordingly
30 and require the appointor to serve the application and
any response received by it on the adjudicator appointed
by the Registrar; and
page 16
Construction Contracts Bill 2004
Adjudication of disputes Part 3
The adjudication process Division 3
s. 29
(b) notify the parties in writing accordingly.
29. Adjudicators: conflicts of interest
(1) An appointed adjudicator who has a material personal interest in
the payment dispute concerned or in the construction contract
5 under which the dispute has arisen or in any party to the
contract is disqualified from adjudicating the dispute.
(2) If an appointed adjudicator is disqualified --
(a) the adjudicator must notify the parties in writing of the
disqualification and the reasons for it;
10 (b) unless, within 5 days after the date of the adjudicator's
notice, all of the parties in writing authorise the
adjudicator to continue as the appointed adjudicator, the
adjudicator's appointment ceases;
(c) the applicant may again apply for adjudication in
15 accordance with section 26(1); and
(d) the period commencing on the date when the adjudicator
was served with the application for adjudication and
ending on and including the date when the adjudicator
notifies the parties under paragraph (a) does not count
20 for the purposes of section 26(1).
(3) A party to a payment dispute may apply to the State
Administrative Tribunal for a declaration that an appointed
adjudicator is disqualified under subsection (1).
(4) The application must be made before the person is notified of a
25 decision or determination made under section 31(2).
Division 3 -- The adjudication process
30. Object of the adjudication process
The object of an adjudication of a payment dispute is to
determine the dispute fairly and as quickly, informally and
30 inexpensively as possible.
page 17
Construction Contracts Bill 2004
Part 3 Adjudication of disputes
Division 3 The adjudication process
s. 31
31. Adjudicator's functions
(1) In this section --
"prescribed time" means --
(a) if the appointed adjudicator is served with a response
5 under section 27(1) -- 14 days after the date of the
service of the response;
(b) if the appointed adjudicator is not served with a
response under section 27(1) -- 14 days after the last
date on which a response is required to be served
10 under section 27(1).
(2) An appointed adjudicator must, within the prescribed time or
any extension of it made under section 32(3)(a) --
(a) dismiss the application without making a determination
of its merits if --
15 (i) the contract concerned is not a construction
contract;
(ii) the application has not been prepared and served
in accordance with section 26;
(iii) an arbitrator or other person or a court or other
20 body dealing with a matter arising under a
construction contract makes an order, judgment
or other finding about the dispute that is the
subject of the application; or
(iv) satisfied that it is not possible to fairly make a
25 determination because of the complexity of the
matter or the prescribed time or any extension of
it is not sufficient for any other reason;
(b) otherwise, determine on the balance of probabilities
whether any party to the payment dispute is liable to
30 make a payment, or to return any security and, if so,
determine --
(i) the amount to be paid or returned and any
interest payable on it under section 33; and
page 18
Construction Contracts Bill 2004
Adjudication of disputes Part 3
The adjudication process Division 3
s. 32
(ii) the date on or before which the amount is to be
paid, or the security is to be returned, as the case
requires.
(3) If an application is not dismissed or determined under
5 subsection (2) within the prescribed time, or any extension of it
made under section 32(3)(a), the application is to be taken to
have been dismissed when the time has elapsed.
32. Adjudication procedure
(1) For the purposes of making a determination, an appointed
10 adjudicator --
(a) must act informally and if possible make the
determination on the basis of --
(i) the application and its attachments; and
(ii) if a response has been prepared and served in
15 accordance with section 27, the response and its
attachments;
and
(b) is not bound by the rules of evidence and may inform
himself or herself in any way he or she thinks fit.
20 (2) In order to obtain sufficient information to make a
determination, an appointed adjudicator may --
(a) request a party to make a, or a further, written
submission or to provide information or documentation,
and may set a deadline for doing so;
25 (b) request the parties to attend a conference with the
adjudicator;
(c) unless all the parties object --
(i) inspect any work or thing to which the payment
dispute relates, provided the occupier of any
30 place concerned consents to the entry and
inspection;
page 19
Construction Contracts Bill 2004
Part 3 Adjudication of disputes
Division 3 The adjudication process
s. 33
(ii) arrange for any thing to which the payment
dispute relates to be tested, provided the owner
of the thing consents to the testing;
(iii) engage an expert to investigate and report on any
5 matter relevant to the payment dispute.
(3) An appointed adjudicator may --
(a) with the consent of the parties, extend the time
prescribed by section 31(2) for making a determination;
(b) with the consent of the parties, adjudicate
10 simultaneously 2 or more payment disputes between the
parties;
(c) with the consent of all the parties concerned, adjudicate
the payment dispute simultaneously with another
payment dispute.
15 (4) If an appointed adjudicator adjudicates simultaneously 2 or
more payment disputes, the adjudicator may, in adjudicating
one, take into account information the adjudicator receives in
relation to the other, and vice versa.
(5) An adjudicator's power to make a determination is not affected
20 by the failure of either or both of the parties to make a
submission or provide information within time or to comply
with the adjudicator's request to attend a conference with the
adjudicator.
(6) To the extent that the practice and procedure in relation to
25 adjudications is not regulated by this Part or the regulations, an
appointed adjudicator may determine his or her own procedure.
33. Interest up to determination
(1) If an appointed adjudicator determines that a party to a payment
dispute is liable to make a payment, he or she may also
30 determine that interest is to be paid --
(a) if the payment is overdue under the construction
contract, on the payment in accordance with the
contract; or
page 20
Construction Contracts Bill 2004
Adjudication of disputes Part 3
The adjudication process Division 3
s. 34
(b) otherwise, on the whole or a part of the payment from
the date the payment dispute arose at a rate not greater
than the rate prescribed under the Supreme Court
Act 1935 section 142,
5 until and including the date of the determination.
(2) Subsection (1) does not authorise the awarding of interest upon
interest.
34. Costs of parties to payment disputes
(1) Subject to subsection (2), parties to a payment dispute bear their
10 own costs in relation to an adjudication of the dispute.
(2) If an appointed adjudicator is satisfied that a party to a payment
dispute incurred costs of the adjudication because of frivolous
or vexatious conduct on the part of, or unfounded submissions
by, another party, the adjudicator may decide that the other
15 party must pay some or all of those costs.
(3) If an appointed adjudicator makes a decision under
subsection (2) the adjudicator must --
(a) decide the amount of the costs and the date on which the
amount is payable;
20 (b) give reasons for the decisions; and
(c) communicate the decisions and the reasons in writing to
the parties.
(4) Divisions 4 and 5, with any necessary changes, apply to a
decision made under subsection (2) as if it were a determination
25 of an appointed adjudicator.
35. Certificates of completion etc., effect of
(1) This section applies if --
(a) the construction contract to which a payment dispute
relates provides for a person to certify --
30 (i) that obligations under the contract have been
performed; or
page 21
Construction Contracts Bill 2004
Part 3 Adjudication of disputes
Division 3 The adjudication process
s. 36
(ii) the amount of a payment that is to be made by a
party;
and
(b) such a certificate is provided by a party to an adjudicator
5 in the course of an adjudication.
(2) For the purposes of the adjudication --
(a) if the certificate relates to the final amount payable
under the contract and has the effect of finalising the
contract, the certificate is to be taken to be conclusive
10 evidence of its contents;
(b) in any other case the certificate is to have such
evidentiary weight as the appointed adjudicator thinks
fit.
36. Determination, content of
15 An appointed adjudicator's decision made under
section 31(2)(b) must --
(a) be in writing;
(b) be prepared in accordance with, and contain the
information prescribed by, the regulations;
20 (c) state --
(i) the amount to be paid and the date on or before
which it is to be paid; or
(ii) the security to be returned and the date on or
before which it is to be returned,
25 as the case requires;
(d) give reasons for the determination;
(e) identify any information in it that, because of its
confidential nature, is not suitable for publication by the
Registrar under section 50;
30 (f) be given to the parties to the adjudication; and
(g) be given to the Registrar.
page 22
Construction Contracts Bill 2004
Adjudication of disputes Part 3
Effect of determinations Division 4
s. 37
37. Dismissed applications
(1) If under section 31(2)(a) an appointed adjudicator dismisses an
application for adjudication, he or she must --
(a) give reasons for doing so; and
5 (b) communicate the decision and the reasons in writing to
the parties.
(2) If under section 31(3) an application for an adjudication of a
payment dispute is taken to be dismissed --
(a) nothing in this Part prevents a further application being
10 made under this Part for an adjudication of the dispute;
and
(b) any further application must be made within 28 days
after the previous application is taken to be dismissed
under section 31(3).
15 Division 4 -- Effect of determinations
38. Determinations have effect despite other proceedings
An appointed adjudicator's determination is binding on the
parties to the construction contract under which the payment
dispute concerned arose even though other proceedings relating
20 to the payment dispute have been commenced before an
arbitrator or other person or a court or other body.
39. Payment of amount determined and interest
(1) A party that is liable to pay an amount under a determination
must do so on or before the date specified in the determination.
25 (2) Unless the determination provides otherwise, interest at the rate
prescribed under the Supreme Court Act 1935 section 142 is to
be paid on such of the amount as is unpaid after the date
specified in the determination.
(3) The interest to be paid under subsection (2) forms part of the
30 determination.
page 23
Construction Contracts Bill 2004
Part 3 Adjudication of disputes
Division 4 Effect of determinations
s. 40
(4) If under section 43(2) a judgment is entered in the terms of a
determination, interest under subsection (2) ceases to accrue.
40. Progress payments under determinations to be on account
If --
5 (a) an appointed adjudicator --
(i) determines a payment dispute concerning a claim
by a contractor for payment for part performance
of its obligations but not for a final payment by
the principal; and
10 (ii) determines that the principal is to pay the
contractor an amount in respect of the claim;
and
(b) the principal, in accordance with the determination, pays
the amount,
15 the payment is to be taken to be an advance towards the total
amount payable under the contract by the principal to the
contractor.
41. Determinations are final
(1) If on the adjudication of a payment dispute the appointed
20 adjudicator makes a determination --
(a) the adjudicator cannot subsequently amend or cancel the
determination except with the consent of the parties; and
(b) a party to the dispute may not apply subsequently for an
adjudication of the dispute.
25 (2) Despite subsection (1)(a), if an adjudicator's determination
contains --
(a) an accidental slip or omission;
(b) a material arithmetic error; or
page 24
Construction Contracts Bill 2004
Adjudication of disputes Part 3
Enforcing determinations Division 5
s. 42
(c) a material mistake in the description of any person, thing
or matter,
the adjudicator, on the application of a party or, after notifying
the parties, on the adjudicator's own initiative, may correct the
5 determination.
Division 5 -- Enforcing determinations
42. Non-compliance by principal, contractor may suspend its
obligations
(1) If a determination requires the principal to pay the contractor an
10 amount and the principal does not pay in accordance with the
determination, the contractor may give the principal notice of
the contractor's intention to suspend the performance of its
obligations.
(2) The notice must --
15 (a) be in writing;
(b) be prepared in accordance with, and contain the
information prescribed by, the regulations;
(c) state the date on which the contractor intends to suspend
the performance of its obligations; and
20 (d) be given to the principal at least 3 days before that date.
(3) If on the date stated under subsection (2)(c) in the notice the
principal has not paid the contractor the amount in accordance
with the determination, the contractor may suspend the
performance of its obligations until no longer than 3 days after
25 the date on which the amount is paid.
(4) Subsection (3) does not prevent the contractor from at any time
resuming the performance of its obligations.
(5) A contractor that suspends the performance of its obligations in
accordance with this section --
30 (a) is not liable for any loss or damage suffered by the
principal or by any person claiming through the
principal; and
page 25
Construction Contracts Bill 2004
Part 3 Adjudication of disputes
Division 6 General
s. 43
(b) retains its rights under the contract, including any right
to terminate the contract.
43. Determinations may be enforced as judgments
(1) In this section --
5 "court of competent jurisdiction", in relation to a
determination, means a court with jurisdiction to deal with
a claim for the recovery of a debt of the same amount as the
amount that is payable under the determination.
(2) A determination may, with the leave of a court of competent
10 jurisdiction, be enforced in the same manner as a judgment or
order of the court to the same effect, and if such leave is given,
judgment may be entered in terms of the determination.
(3) For the purposes of subsection (2), a determination signed by an
adjudicator and certified by the Registrar as having been made
15 by a registered adjudicator under this Part is to be taken as
having been made under this Part.
Division 6 -- General
44. Costs of adjudications
(1) For the purposes of this section the costs of an adjudication
20 are --
(a) the entitlements of the appointed adjudicator under
subsection (2); and
(b) the costs of any testing done, or of any expert engaged,
under section 32(2)(c).
25 (2) If an appointed adjudicator, within the prescribed time in
section 31(2), dismisses an application for adjudication or
makes a determination of the dispute, he or she is entitled --
(a) to be paid for his or her work --
(i) at a rate agreed between the adjudicator and the
30 parties that is not more than the maximum rate, if
any, prescribed by the regulations; or
page 26
Construction Contracts Bill 2004
Adjudication of disputes Part 3
General Division 6
s. 44
(ii) if a rate was not agreed, at the rate published
under section 51 in respect of the adjudicator;
and
(b) to be reimbursed any expenses reasonably incurred in
5 connection with that work.
(3) An appointed adjudicator who is disqualified under section 29
has the entitlements in subsection (2) in respect of any
adjudication work done before the disqualification is notified to
the parties.
10 (4) Despite subsection (2), an appointed adjudicator may refuse to
communicate his or her decision or determination under
section 31(2) or 34(2) or subsection (10) until he or she has
been paid and reimbursed in accordance with subsection (2).
(5) The parties involved in a payment dispute are jointly and
15 severally liable to pay the costs of an adjudication of the
dispute.
(6) As between themselves, the parties involved in a dispute are
liable to pay the costs of an adjudication of the dispute in equal
shares.
20 (7) Subsections (5) and (6) do not prevent a decision being made
under section 34(2).
(8) An appointed adjudicator may at any time require one or more
parties to provide a reasonable deposit, or reasonable security,
for the, or any anticipated costs of the adjudication.
25 (9) A prescribed appointor, before appointing an adjudicator, may
require the applicant for adjudication to provide a deposit, or
reasonable security, for the, or any anticipated costs of the
adjudication.
(10) If a party involved in a dispute has paid more than the party's
30 share of the costs of an adjudication of the dispute, having
regard to subsection (6), the appointed adjudicator may decide
that another party must pay to the first-mentioned party such
page 27
Construction Contracts Bill 2004
Part 3 Adjudication of disputes
Division 6 General
s. 45
amount of the costs as would result in all the parties paying an
equal amount of the costs.
(11) If an appointed adjudicator makes a decision under
subsection (10) --
5 (a) the adjudicator must include in the decision the date on
which the amount is payable; and
(b) Divisions 4 and 5, with any necessary changes, apply to
the decision as if it were a determination of an appointed
adjudicator.
10 (12) An appointed adjudicator may recover the costs of an
adjudication from a person liable to pay the costs in a court of
competent jurisdiction as if the costs were a debt due to the
adjudicator.
45. Effect of this Part on civil proceedings
15 (1) This Part does not prevent a party to a construction contract
from instituting proceedings before an arbitrator or other person
or a court or other body in relation to a dispute or other matter
arising under the contract.
(2) If other such proceedings are instituted in relation to a payment
20 dispute that is being adjudicated under this Part, the
adjudication is to proceed despite those proceedings unless all
of the parties, in writing, require the appointed adjudicator to
discontinue the adjudication.
(3) Evidence of anything said or done in an adjudication is not
25 admissible before an arbitrator or other person or a court or
other body, except for the purposes of an application made
under section 29(3) or an appeal made under section 46.
(4) An arbitrator or other person or a court or other body dealing
with a matter arising under a construction contract --
30 (a) must, in making any award, judgment or order, allow for
any amount that has been or is to be paid to a party
page 28
Construction Contracts Bill 2004
Adjudication of disputes Part 3
General Division 6
s. 46
under a determination of a payment dispute arising
under the contract; and
(b) may make orders for the restitution of any amount so
paid, and any other appropriate orders as to such a
5 determination.
46. Review, limited right of
(1) A person who is aggrieved by a decision made under
section 31(2)(a) may apply to the State Administrative Tribunal
for a review of the decision.
10 (2) If, on a review, a decision made under section 31(2)(a) is set
aside and, under the State Administrative Tribunal Act 2004
section 29(3)(c)(i) or (ii), is reversed the adjudicator is to make
a determination under section 31(2)(b) within 14 days after the
date on which the decision under section 31(2)(a) was reversed
15 or any extension of that time consented to by the parties.
(3) Except as provided by subsection (1) a decision or
determination of an adjudicator on an adjudication cannot be
appealed or reviewed.
page 29
Construction Contracts Bill 2004
Part 4 Administration
s. 47
Part 4 -- Administration
47. Registrar, appointment and functions
(1) There is to be an office called the Construction Contracts
Registrar or such other name as the Minister declares by a
5 notice in the Gazette.
(2) The Minister, by a notice in the Gazette, is to designate a public
service officer (as defined in the Public Sector Management
Act 1994 section 3(1)) to be the Registrar.
(3) The Registrar's functions are those conferred on the Registrar
10 by this Act.
(4) A document purporting to be signed by the Registrar is to be
taken to have been signed by a person who was at the time duly
appointed as the Registrar, in the absence of evidence to the
contrary.
15 48. Registering adjudicators
(1) An individual is eligible to be a registered adjudicator if he or
she has the qualifications and experience prescribed by the
regulations.
(2) The Registrar may register an individual as a registered
20 adjudicator --
(a) on the application of an individual; or
(b) on the nomination of a prescribed appointor.
(3) The regulations may prescribe a fee to be paid on making such
an application or nomination.
25 (4) The Registrar must not register an individual as a registered
adjudicator unless satisfied that the individual is eligible to be
registered.
page 30
Construction Contracts Bill 2004
Administration Part 4
s. 49
(5) The Registrar may cancel the registration of an individual as a
registered adjudicator if satisfied that the individual --
(a) has ceased to be eligible to be registered;
(b) has misconducted, or is incompetent or unsuitable to
5 conduct, adjudications under Part 3.
(6) The Registrar must keep a register of registered adjudicators and
make it available for public inspection at no charge.
(7) A certificate by the Registrar stating that an individual was or
was not at a time or in a period, or is or is not, a registered
10 adjudicator is proof of the content of the certificate in the
absence of evidence to the contrary.
49. Review of registration decisions
A person who is aggrieved by a decision of the Registrar made
under section 48 may apply to the State Administrative Tribunal
15 for a review of the decision.
50. Publication of adjudicators' decisions
(1) The Registrar may make available for public inspection the
result, or a report, of the decisions of registered adjudicators.
(2) The Registrar is to ensure that there is not included in the result,
20 or a report, of the determination made available under
subsection (1) --
(a) the identities of the parties to the adjudication;
(b) any information in the determination that is identified
under section 36(e) as being not suitable for publication
25 because of its confidential nature.
(3) No charge is payable for inspecting the result, or a report, of a
determination made available under subsection (1).
page 31
Construction Contracts Bill 2004
Part 4 Administration
s. 51
51. Appointors' and adjudicators' rates to be published
(1) A registered adjudicator is to ensure that the rate at which the
adjudicator charges for his or her work under this Act is
published in a manner approved by the Registrar.
5 (2) A prescribed appointor is to ensure that the rate at which the
appointor charges for its work under this Act is published in a
manner approved by the Registrar.
(3) Nothing in subsection (1) or (2) prevents any of the parties from
agreeing the rate to be charged by a registered adjudicator or a
10 prescribed appointor for work under this Act.
(4) A published or agreed rate as referred to in this section is not to
be more than the maximum rate, if any, prescribed by the
regulations.
52. Annual report
15 Before 1 November in each year, the Registrar must give the
Minister a written report about the operation and effectiveness
of this Act in the financial year that ended in that year.
page 32
Construction Contracts Bill 2004
Miscellaneous Part 5
s. 53
Part 5 -- Miscellaneous
53. No contracting out
(1) A provision in an agreement or arrangement, whether a
construction contract or not and whether in writing or not, that
5 purports to exclude, modify or restrict the operation of this Act
has no effect.
(2) A provision in an agreement or arrangement that has no effect
because of subsection (1) does not prejudice or affect the
operation of other provisions of the agreement or arrangement.
10 (3) Any purported waiver, whether in a construction contract or not
and whether in writing or not, of an entitlement under this Act
has no effect.
54. Immunity from tortious liability
(1) In this section --
15 "protected person" means an appointed adjudicator, a
prescribed appointor or the Registrar.
(2) In this section, a reference to the doing of anything includes a
reference to an omission to do anything.
(3) An action in tort does not lie against a protected person for
20 anything that the person has done, in good faith, in the
performance or purported performance of a function under this
Act.
(4) The protection given by subsection (3) applies even though the
thing done as described in that subsection may have been
25 capable of being done whether or not this Act has been enacted.
(5) Despite subsection (3), the State is not relieved of any liability
that it might have for the Registrar having done anything as
described in that subsection.
page 33
Construction Contracts Bill 2004
Part 5 Miscellaneous
s. 55
55. Regulations
(1) The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
necessary or convenient to be prescribed for giving effect to the
5 purposes of this Act.
(2) Without limiting subsection (1), the regulations may regulate
the practice and procedure in adjudications.
56. Review of Act
(1) As soon as practicable after the fifth anniversary of its
10 commencement, the Minister must review the operation and
effectiveness of this Act and prepare a report about the review.
(2) As soon as practicable after preparing the report, the Minister
must cause it to be laid before each House of Parliament.
page 34
Construction Contracts Bill 2004
Implied provisions Schedule 1
Schedule 1 -- Implied provisions
[s. 13 to 22]
Division 1 -- Variations
1. Variations must be agreed
5 The contractor is not bound to perform any variation of its obligations
unless the contractor and the principal have agreed on --
(a) the nature and extent of the variation of those obligations; and
(b) the amount, or a means of calculating the amount, that the
principal is to pay the contractor in relation to the variation of
10 those obligations.
Division 2 -- Contractor's entitlement to be paid
2. Contractor entitled to be paid
(1) The contractor is entitled to be paid a reasonable amount for
performing its obligations.
15 (2) Subclause (1) applies whether or not the contractor performs all of its
obligations.
Division 3 -- Claims for progress payments
3. Entitlement to claim progress payments
The contractor is entitled to make one or more claims for a progress
20 payment in relation to those of the contractor's obligations that the
contractor has performed and for which it has not been paid by the
principal.
4. When claims for progress payments can be made
(1) A claim by the contractor for a progress payment can be made at any
25 time after the contractor has performed any of its obligations.
(2) The making of a claim for a progress payment does not prevent the
contractor from making any other claim for moneys payable to the
contractor under or in connection with this contract.
page 35
Construction Contracts Bill 2004
Schedule 1 Implied provisions
Division 4 -- Making claims for payment
5. Claim for payment, content
(1) In this clause --
"payment claim" means a claim --
5 (a) by the contractor to the principal for payment of an
amount in relation to the performance by the contractor of
its obligations under this contract; or
(b) by the principal to the contractor for payment of an
amount in relation to the performance or non-performance
10 by the contractor of its obligations under this contract.
(2) A payment claim must --
(a) be in writing;
(b) be addressed to the party to which the claim is made;
(c) state the name of the claimant;
15 (d) state the date of the claim;
(e) state the amount claimed;
(f) in the case of a claim by the contractor -- itemise and
describe the obligations that the contractor has performed and
to which the claim relates in sufficient detail for the principal
20 to assess the claim;
(g) in the case of a claim by the principal -- describe the basis
for the claim in sufficient detail for the contractor to assess
the claim;
(h) be signed by the claimant; and
25 (i) be given to the party to which the claim is made.
(3) In the case of a claim by the contractor, the amount claimed in a
payment claim --
(a) must be calculated in accordance with this contract; or
(b) if this contract does not provide a means of calculating the
30 amount, must be --
(i) if this contract says that the principal is to pay the
contractor one amount (the "contract sum") for the
performance by the contractor of all of its obligations
page 36
Construction Contracts Bill 2004
Implied provisions Schedule 1
under this contract (the "total obligations") -- the
proportion of the contract sum that is equal to the
proportion that the obligations performed and
detailed in the claim are of the total obligations;
5 (ii) if this contract says that the principal is to pay the
contractor in accordance with rates specified in this
contract -- the value of the obligations performed
and detailed in the claim calculated by reference to
those rates; or
10 (iii) in any other case -- a reasonable amount for the
obligations performed and detailed in the claim.
(4) Paragraph (b) of subclause (3) does not prevent the amount claimed in
a progress claim from being an aggregate of amounts calculated under
one or more of subparagraphs (i), (ii) and (iii) of that paragraph.
15 Division 5 -- Responding to claims for payment
6. Interpretation in Division 5
In this Division --
"payment claim" means a claim --
(a) by the contractor to the principal for payment of an
20 amount in relation to the performance by the contractor of
its obligations under this contract; or
(b) by the principal to the contractor for payment of an
amount in relation to the performance or non-performance
by the contractor of its obligations under this contract.
25 7. Responding to a payment claim
(1) If a party that receives a payment claim --
(a) believes the claim should be rejected because the claim has
not been made in accordance with this contract; or
(b) disputes the whole or part of the claim,
30 the party must, within 14 days after receiving the claim, give the
claimant a notice of dispute.
page 37
Construction Contracts Bill 2004
Schedule 1 Implied provisions
(2) A notice of dispute must --
(a) be in writing;
(b) be addressed to the claimant;
(c) state the name of the party giving the notice;
5 (d) state the date of the notice;
(e) identify the claim to which the notice relates;
(f) if the claim is being rejected under subclause (1)(a) -- state
the reasons for the belief that the claim has not been made in
accordance with this contract;
10 (g) if the claim is being disputed under subclause (1)(b) --
identify each item of the claim that is disputed and state, in
relation to each of those items, the reasons for disputing it;
and
(h) be signed by the party giving the notice.
15 (3) Within 28 days after a party receives a payment claim, the party must
do one of the following, unless the claim has been rejected or wholly
disputed in accordance with subclause (1) --
(a) pay the part of the amount of the claim that is not disputed;
(b) pay the whole of the amount of the claim.
20 (4) If under this contract the principal is entitled to retain a portion of any
amount payable by the principal to the contractor --
(a) subclause (3) does not affect the entitlement; and
(b) the principal must advise the contractor in writing (either in a
notice of dispute or separately) of any amount retained under
25 the entitlement.
Division 6 -- Interest on overdue payments
8. Interest payable on overdue payments
(1) Interest is payable on so much of an amount that is payable under this
contract by a party to another party on or before a certain date but
30 which is unpaid after that date.
page 38
Construction Contracts Bill 2004
Implied provisions Schedule 1
(2) The interest is to be paid for the period beginning on the day after the
date on which the amount is due and ending on and including the date
on which the amount payable is paid.
(3) The rate of interest at any time is equal to that prescribed for that time
5 under the Supreme Court Act 1935 section 142.
Division 7 -- Ownership of goods
9. When ownership of goods supplied by contractor passes
The ownership of goods that are --
(a) related to construction work; and
10 (b) supplied to the site of the construction work by the contractor
under its obligations under this contract,
passes from the contractor when whichever of the following happens
first --
(c) when the contractor is paid for the goods; or
15 (d) when the goods become fixtures.
Division 8 -- Duties as to unfixed goods on insolvency
10. Duties of principal or landowner etc. as to unfixed goods on
insolvency
(1) In this clause --
20 "insolvent" means --
(a) in relation to a natural person, an insolvent under
administration as that term is defined in the Corporations
Act 2001 of the Commonwealth;
(b) in relation to a body corporate, an externally-administered
25 body corporate as that term is defined in the Corporations
Act 2001 of the Commonwealth.
(2) If --
(a) goods that are related to construction work have been
supplied to the site of the construction work by the contractor
30 under its obligations under this contract;
(b) the contractor has not been paid for the goods;
page 39
Construction Contracts Bill 2004
Schedule 1 Implied provisions
(c) the goods have not become fixtures;
(d) ownership of the goods has not passed from the contractor;
(e) the goods are in the possession of or under the control of --
(i) the principal; or
5 (ii) a person for whom, directly or indirectly, the
principal is performing construction work or to
whom, directly or indirectly, the principal is
supplying goods and services that are related to
construction work;
10 and
(f) the principal or that person becomes an insolvent,
the principal and that person --
(g) must not, during the insolvency, allow the goods to become
fixtures or to fall into the possession of or under the control
15 of any other person, other than the contractor, except with the
prior written consent of the contractor; and
(h) must allow the contractor a reasonable opportunity to
repossess the goods.
Division 9 -- Retention money
20 11. Retention money to be held on trust
If the principal retains from an amount payable by the principal to the
contractor for the performance by the contractor of its obligations a
portion of that amount (the "retention money"), the principal holds
the retention money on trust for the contractor until whichever of the
25 following happens first --
(a) the money is paid to the contractor;
(b) the contractor, in writing, agrees to give up any claim to the
money;
(c) the money ceases to be payable to the contractor by virtue of
30 the operation of this contract; or
(d) an adjudicator, arbitrator, or other person, or a court, tribunal
or other body, determines that the money ceases to be payable
to the contractor.
page 40
Construction Contracts Bill 2004
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
adjudication...........................................................................................................3
applicant................................................................................................................3
appointed adjudicator............................................................................................3
civil works........................................................................................................ 4(1)
construction contract.............................................................................................3
construction work................................................................................ 3, 4(2), 4(4)
contract sum.................................................................................... Sch. 1, cl. 5(3)
contractor ..............................................................................................................3
costs of an adjudication.........................................................................................3
court of competent jurisdiction ...................................................................... 43(1)
determination ........................................................................................................3
insolvent........................................................................................ Sch. 1, cl. 10(1)
obligations.............................................................................................................3
party ......................................................................................................................3
payment claim.........................................................3, Sch. 1, cl. 5(1), Sch. 1, cl. 6
payment dispute ....................................................................................................3
prescribed appointor .............................................................................................3
prescribed time............................................................................................... 31(1)
principal ................................................................................................................3
protected person............................................................................................. 54(1)
registered adjudicator............................................................................................3
Registrar................................................................................................................3
retention money .................................................................................Sch. 1, cl. 11
site in WA ........................................................................................................ 4(1)
total obligations............................................................................... Sch. 1, cl. 5(3)
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