Tiling and flooring subcontracts in Western Australia: what to check before you sign
In Western Australia, a tiling 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 tiling and flooring subcontractors most: substrate prepared by others; waterproofing responsibility; damage after completion.
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 tiling and flooring subcontractors lose money
Substrate prepared by others
Cracked or uneven slabs and failed screeds cause tile and floor defects. Make sure the contract lets you note substrate defects before starting and doesn't make you warrant someone else's work.
Waterproofing responsibility
If waterproofing is by others, the contract should say so clearly. Otherwise wet area failures default to the last trade in the room.
Damage after completion
Finished floors are damaged by trades still working. Protection and repairs caused by others should be the builder's cost.
Client selections and supply
Selections and supply delays outside your control should give you an extension of time.
Three things to push for in your departures schedule
- Right to note substrate defects before starting, with no warranty of others' work
- Waterproofing responsibility stated expressly
- Repairs of damage by others paid as variations
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 no tiling and flooring contracts so far, under the 10-contract threshold, so these are national figures across all trades. Nothing under 10 contracts is ever shown.
Tiling and flooring subcontracts in other states
Tiling and flooring subcontracts in WA: common questions
How long does a builder in WA have to pay a tiling and flooring 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.
Is a tiler responsible if the substrate cracks?
Not if the contract is drafted fairly. Note any substrate defects in writing before you start, and resist clauses that make you warrant the slab or screed prepared by others.
Where do WA tiling and flooring 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.