Glazing and facade subcontracts in Western Australia: what to check before you sign
In Western Australia, a facade 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 glazing, facade and cladding subcontractors most: performance and compliance warranties; procurement and supply delay; access and scaffold dependencies.
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 glazing, facade and cladding subcontractors lose money
Performance and compliance warranties
Facades carry warranties on water tightness, structural performance and material compliance. Check exactly what you are warranting and for how long, and whether design responsibility sits with you or the consultant.
Procurement and supply delay
Imported glass and framing can have long lead times. Without an extension of time for supply delays outside your control, shipping delays become your liquidated damages.
Access and scaffold dependencies
Installation depends on scaffold, cranes or hoists usually provided by the builder. Interruptions should be delay events with costs, not your risk.
Long retention and warranty periods
Facade warranties often run longer than other trades. Make sure retention release does not wait for the end of every warranty period.
Three things to push for in your departures schedule
- Design responsibility and warranties defined precisely, with a time limit
- Extension of time for supply delays outside your control
- Builder-provided access interruptions treated as delay with costs
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 2 glazing and facade contracts so far, under the 10-contract threshold, so these are national figures across all trades. Nothing under 10 contracts is ever shown.
Glazing and facade subcontracts in other states
Glazing and facade subcontracts in WA: common questions
How long does a builder in WA have to pay a glazing and facade 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.
What should a facade subcontractor check in the warranty clause?
What is being warranted (design, materials, workmanship or performance), for how long, and whether the warranty mirrors the head contract. A warranty broader than your scope or longer than your suppliers' cover leaves you carrying risk you can't pass on.
Where do WA glazing and facade 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.