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Adjudication



Western Australia

Potentially, adjudication is a rapid mechanism in Western Australia for getting payment. If your invoice or payment claim is partly or wholly disputed, adjudication may be commenced by preparing an adjudication application and following the procedures outlined in the Construction Contracts Act 2004 (WA). There are important due dates for making an adjudication application; if you are in doubt, please consult a specialist.

Broad aspects of building & construction, including plant & machinery, are covered by this Act. Also, goods & services relating to construction (such as, surveying, planning, costing, architectural, design, engineering and project management serivces) are covered. In order to see if your work is covered, read sections 4 & 5 of the Act at this link. A section of the Act reproduced below for quick reference.

4. Construction work

(1) In this section -
civil works includes —

     (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;
    
(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);
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 —
    
(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, associated with any work referred to in paragraph (a);
     (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 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 —
           
(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
           
(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 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 —
            
(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 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;
    
(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 —
     
(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;
      (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 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 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 —
       (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 pre‑fabricated or not);
       (c) plant or materials (whether supplied by sale, hire or otherwise) for use in connection with the carrying out of 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.

(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) —
            
(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, 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.

(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, 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.