Western Australia · Contract review

Getting a subcontract reviewed in Western Australia: what to check, and when you need a lawyer

A subcontract review in Western Australia should test the contract against the Building and Construction Industry (Security of Payment) Act 2021 (WA) as well as against the market. Subcontract payment terms are capped at 25 business days for contracts entered into from 1 August 2022, and a builder who misses the 15 business days payment schedule deadline owes the claimed amount in full. Run the free scan on every contract for the risk map, and bring in a construction lawyer where the exposure or the paperwork justifies it.

AI risk report, not legal advice. The scanner gives general information about the risks in a document. It is not a lawyer, does not know your circumstances, and can be wrong. For decisions with legal consequences, get advice from a construction lawyer.

Scan a WA subcontract free

Free · no account · confidential · about two minutes

What a WA subcontract review has to check

Statute: Building and Construction Industry (Security of Payment) Act 2021 (WA)

Payment terms against the statutory cap

Subcontract payment terms are capped at 25 business days under the Building and Construction Industry (Security of Payment) Act 2021 (WA) (contracts entered into from 1 August 2022). A longer term is not enforceable on that point, but only if someone notices. Check how the clock is drafted too: end-of-month-plus terms quietly stretch the wait.

The claim and schedule timetable

The builder has 15 business days to serve a payment schedule in response to your payment claim (or any shorter period the contract sets). If no schedule arrives in time, the claimed amount becomes a debt due in full. Check the contract's claim dates and service requirements, because a claim served on the wrong date or to the wrong place is the builder's first line of defence.

Time bars on EOT and variation notices

Check whether a late notice merely weakens a claim or kills it outright. Absolute time bars are common in the contracts in the Index, and they turn an admin slip into a lost entitlement.

Retention and security

A retention trust scheme is phasing in for WA construction contracts. Check the percentage, the combined total with any bank guarantees (5% combined is the market position), and whether release is tied to your practical completion or the head contract's.

What is different in Western Australia

Two regimes run in parallel: contracts entered into from 1 August 2022 sit under the 2021 Act (East Coast model), while older contracts stay under the Construction Contracts Act 2004 with its 90-business-day adjudication window. The contract date decides which set of rules you're under.

The free WA scan checks all of this in about two minutes, plus liquidated damages, set-off, termination and indemnities, and gives you a negotiating position for the three worst findings.

What Western Australia subcontracts in the Index say

From The State of Australian Subcontracts, September 2026, as at 27 September 2026. A state figure is published only where that state's own sample is 10 contracts or more.

State figures withheld: the September 2026 report held only 3 Western Australia subcontracts, under the 10-contract threshold. The national figures below are the best available guide until more WA contracts are scanned.

When a WA contract needs a lawyer

The scan is triage. Bring in a construction lawyer when:

Your contract was signed before 1 August 2022. It sits under the Construction Contracts Act 2004 (WA), a completely different regime with a 90-business-day adjudication window, and advice written for the 2021 Act will not fit.
The exposure is large relative to your business: an uncapped liquidated damages clause, a broad indemnity, or a contract value that could sink you if the job went wrong.
You are asked to sign a deed of release, a deed of novation or a guarantee.
You are thinking about stopping work or ending the contract. The sequence matters, and getting it wrong can hand the builder a termination.

The honest comparison of a free scan and a lawyer, what each costs and what each does, is on the subcontract review overview.

Why review at all · live data, 90 Australian subcontracts

National figures from the Australian Subcontract Index. Each carries its own sample size; anything under 10 contracts is withheld.

78%have liquidated damages with no cap (31 of 40 contracts where this was identifiable)

100%have time bars that extinguish the claim entirely (66 of 66 contracts where this was identifiable)

97%allow set-off without notice (75 of 77 contracts where this was identifiable)

25 daysmedian payment terms (n=75 contracts where this was identifiable)

See the full live Index →

Before you sign, or already owed money?

Before you sign

Subcontract Risk Scanner →

Upload the WA subcontract. Clause-by-clause risk report with a negotiating position for the worst findings.

Already in a payment dispute

Adjudicate Pro →

Upload the claim, the schedule and the contract. See what an adjudicator would likely award, and whether to apply. Also free.

Where WA disputes go: Building and Energy, WA (DEMIRS), authorised nominating authorities. Official guidance →

Western Australia subcontract guides

Western Australia subcontracts by trade

Electrical · Plumbing · Mechanical and HVAC · Fire services · Concrete and formwork · Structural steel · Ceilings and partitions · Glazing and facade · Roofing · Painting · Tiling and flooring · Civil and earthworks

The national version, with all 15 clauses, red flags and what to ask for: the subcontract review checklist. Ready to send changes? Write a departure schedule.

Subcontract review by state

Queensland New South Wales Victoria South Australia Tasmania Australian Capital Territory Northern Territory

Western Australia subcontract review: common questions

Do I need a lawyer to review a subcontract in Western Australia?

Nothing in the Building and Construction Industry (Security of Payment) Act 2021 (WA) requires one, and most routine subcontracts are signed without legal review. Scan every contract free to find the risky ones, and bring in a construction lawyer for high-exposure contracts, deeds and guarantees, and live disputes.

What does the free scan check in a WA subcontract?

It checks payment terms against the statutory cap, the 15 business days payment schedule timetable, liquidated damages and caps, time bars on EOT and variation claims, set-off and back-charge rights, retention, termination and indemnities, each scored against the Building and Construction Industry (Security of Payment) Act 2021 (WA) and live data from real Australian subcontracts. It is an AI risk report, not legal advice.

Which security of payment law applies to a WA subcontract?

It depends on the contract date. Contracts entered into from 1 August 2022 sit under the Building and Construction Industry (Security of Payment) Act 2021 (WA); older contracts stay under the Construction Contracts Act 2004 (WA). Check the date first, because it changes your rights, your deadlines and your adjudication route.

Is my contract kept confidential?

Yes. Documents are stored privately in Australia, never published, never shared with any other user or any party to your contract, and deleted within 12 months. Deletion on request is actioned within 7 days.

The scanner produces an AI-generated risk report: general information, not legal advice. Statutory deadlines and details change over time; verify them against the current Building and Construction Industry (Security of Payment) Act 2021 (WA) before relying on them. Built by Mat Kennedy, Founder, The Construction Contracts Co.