How Subcontractors Get Paid in WA (Two Acts - Which One Covers You?)
WA runs two security of payment regimes: contracts from 1 August 2022 sit under the 2021 Act (15 business day schedule window, 25 business day payment cap, retention trust phasing in), older contracts under the 2004 Act with its 90 business day window. The first question is always your contract date.
Transcript
Not being paid on a Western Australian job? There is a law built for exactly this. Actually, there are two. And the first question is which one covers you.
Contracts entered into from the first of August, twenty twenty two, sit under the new Security of Payment Act.
Older contracts still run under the two thousand and four Act. Completely different mechanics, with a ninety business day window to apply. Check your contract date first.
Under the new Act. Step one. A valid payment claim. The work identified. The amount claimed. Served on time.
The builder then has fifteen business days to respond with a payment schedule.
No schedule in time means liability for the full amount, and constrained defences at adjudication.
Payment terms for subcontractors are capped at twenty five business days. And a retention trust scheme is phasing in.
Adjudication runs through authorised nominating authorities, overseen by Building and Energy.
The windows are strict, and public holidays move real dates. Verify every deadline against the Act before you act.
Know your position before you pick the fight. Free tools below. And know what you're signing.
General information about Australian subcontracts, not legal advice. Get advice on your own contract and facts.