Fire services subcontracts in Western Australia: what to check before you sign
In Western Australia, a fire services subcontract is read alongside the Building and Construction Industry (Security of Payment) Act 2021 (WA), which caps subcontract payment terms at 25 business days. The contract itself still decides the risks that cost fire protection subcontractors most: penetrations made by other trades; certification and sign-off timing; indemnities for consequential loss.
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.
Western Australia rules that override your contract
Statute: Building and Construction Industry (Security of Payment) Act 2021 (WA)
- Payment terms for subcontractors are capped at 25 business days after the payment claim. A longer term in the contract doesn't change that.
- If the builder disputes a payment claim, it has to answer with a payment schedule within 15 business days (or any shorter period in the contract).
- 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.
- Adjudication: under the 2021 Act, through authorised nominating authorities; under the old CCA 2004, an application must be made within 90 business days of the payment dispute arising.
- A retention trust scheme is phasing in.
Where fire protection subcontractors lose money
Penetrations made by other trades
Passive fire work is routinely damaged or bypassed by later trades. Without a clear rule that remediation of others' damage is a variation, you end up re-sealing for free.
Certification and sign-off timing
Final inspection and certification depend on the authority and the whole building being ready. If your completion or payment is tied to occupancy certification, you carry the building's delay.
Indemnities for consequential loss
A failure in fire systems can have serious consequences, so builders push broad indemnities. Check the indemnity excludes consequential loss and is proportionate to your contribution.
Short notice windows for variations
Fire services scope changes with every layout change. An absolute bar on late variation notice turns a redesign into free work.
Three things to push for in your departures schedule
- Remediation of damage by other trades paid as a variation
- Indemnity excluding consequential loss and reduced to the extent others contributed
- Payment and retention release not tied to occupancy certification
The free scanner finds these clauses in your actual contract in about two minutes and writes the departures schedule for you.
What the Index says
Live figures from the Australian Subcontract Index, 90 real subcontracts. The Index holds only 1 fire services contract so far, under the 10-contract threshold, so these are national figures across all trades. Nothing under 10 contracts is ever shown.
Fire services subcontracts in other states
Fire services subcontracts in WA: common questions
How long does a builder in WA have to pay a fire services subcontractor?
No more than 25 business days after your payment claim, whatever the contract says. If the builder disputes the claim, it has 15 business days to answer with a payment schedule giving its reasons.
Who pays when another trade damages passive fire work?
Whoever the contract says. Without a clause making re-work caused by others a variation, builders often treat it as part of your scope. Photograph your completed areas before handing over and write the rule into the departures schedule.
Where do WA fire services payment disputes go?
Building and Energy, WA (DEMIRS), authorised nominating authorities. Timing: under the 2021 Act, through authorised nominating authorities; under the old CCA 2004, an application must be made within 90 business days of the payment dispute arising.
Is this legal advice?
No. It is general information about common subcontract risks and the state's payment law as recorded in our registry. Statutory details change; check the current Act, and take the scanner's report to a construction lawyer for decisions with legal consequences.
General information, not legal advice. Statutory details are taken from our state law registry and 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.