Construction Contracts Act 2004 (WA)

Western Australia Construction Contracts (Former Provisions) Act 2004 Western Australia Construction Contracts (Former Provisions) Act 2004 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 4. Construction work 4 5. Goods and services related to construction work 7 6. Payment dispute 8 7. Construction contracts to which this Act applies 9 8. Application to Crown 10 Part 2 — Content of construction contracts Division 1 — Prohibited provisions 9. Prohibited: pay if paid/when paid provisions 11 10. Prohibited: provisions requiring payment to be made after 42 days 11 11. Prohibited: prescribed provisions 11 12. Other provisions of contract not affected 11 Division 2 — Implied provisions 13. Variations of contractual obligations 11 14. Contractor's entitlement to be paid 12 15. Contractor's entitlement to claim progress payments 12 16. Making claims for payment 12 17. Responding to claims for payment 12 18. Time for payment 12 19. Interest on overdue payments 13 20. Ownership of goods 13 21. Duties as to unfixed goods on insolvency 13 22. Retention money 13 23. Implied provisions: interpretation etc. 14 Part 3 — Adjudication of disputes Division 1 — Preliminary 24. Interpretation of construction contract 15 Division 2 — Commencing adjudication 25. Who can apply for adjudication 15 26. Applying for adjudication 15 27. Responding to application for adjudication 16 28. Appointment of adjudicator in absence of agreed appointment 17 29. Adjudicators: conflicts of interest 18 Division 3 — The adjudication process 30. Object of adjudication process 19 31. Adjudicator's functions 19 32. Adjudication procedure 21 33. Interest up to determination 22 34. Costs of parties to payment disputes 23 35. Certificates of completion etc., effect of 24 36. Determination, content of 24 37. Dismissed applications 25 Division 4 — Effect of determinations 38. Determinations have effect despite other proceedings 25 39. Payment of amount determined and interest 26 40. Progress payments under determinations to be on account 26 41. Determinations are final 27 Division 5 — Enforcing determinations 42. Non‑compliance by principal, contractor may suspend its obligations 27 43. Determinations may be enforced as orders of court 28 Division 6 — General 44. Costs of adjudications 29 45. Effect of this Part on civil proceedings 31 46. Review, limited right of 31 Part 4 — Administration 48. Registering adjudicators 33 49. Review of registration decisions 34 50. Publication of adjudicators' decisions 34 51. Appointors' and adjudicators' rates to be published 35 Part 5 — Miscellaneous 53. No contracting out 36 54. Immunity from tortious liability 36 55. Regulations 37 56. Review of Act 37 Part 6 — Transitional provisions Division 1 — Provisions relating to the Construction Contracts Amendment Act 2016 57. Resubmitted claims: previous adjudications 38 58. Extension of periods of time 38 59. Effect of notices under s. 42(1) after commencement and before 1 January 2017 38 60. Payment periods: contracts entered into before 3 April 2017 39 Schedule 1 — Implied provisions Division 1 — Variations 1. Variations must be agreed 40 Division 2 — Contractor's entitlement to be paid 2. Contractor entitled to be paid 40 Division 3 — Claims for progress payments 3. Entitlement to claim progress payments 40 4. When claims for progress payments can be made 40 Division 4 — Making claims for payment 5. Claim for payment, content 41 Division 5 — Responding to claims for payment 6. Term used: payment claim 42 7. Responding to payment claim 42 Division 6 — Interest on overdue payments 8. Interest payable on overdue payments 43 Division 7 — Ownership of goods 9. When ownership of goods supplied by contractor passes 44 Division 8 — Duties as to unfixed goods on insolvency 10. Duties of principal or landowner etc. as to unfixed goods on insolvency 44 Division 9 — Retention money 11. Retention money to be held on trust 45 Notes Compilation table 47 Other notes 47 Defined terms Western Australia Construction Contracts (Former Provisions) Act 2004 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.