How adjudication works in Western Australia
Adjudication is the fast, binding-for-now determination of a payment dispute under the Building and Construction Industry (Security of Payment) Act 2021 (WA) - built for cash flow, not courtroom perfection. In Western Australia, applications go 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. The strongest position a subcontractor can hold is a valid payment claim the builder never answered with a payment schedule: the full amount becomes payable and the builder's defences are barred.
The sequence
A valid payment claim starts everything. The builder has 15 business days to serve a payment schedule saying what it will pay and why. From there, two roads: a schedule that disputes your claim leads to an adjudication application; no schedule at all makes the full amount a debt due - and in that case the builder is barred from raising its reasons before the adjudicator.
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.
What wins at adjudication
Adjudicators decide quickly and on the documents. The winning inputs are boring: a claim that identifies the work and the amount, served on time to the right party; contemporaneous records - site diaries, notices, delivery dockets, emails anchoring dates; and a claimed amount built up transparently.
Most of that is decided months earlier, on site, by habit. The subbies who win at adjudication are the ones whose paperwork was already in order when the dispute started.
Where to apply
Building and Energy, WA (DEMIRS) — authorised nominating authorities. Which Act applies depends on when the contract was entered into (before/after 1 August 2022).
Exact deadlines and application mechanics should be verified against the Act and current guidance before filing - they're strict, and a defective application wastes the strongest lever you have. Official guidance: https://www.wa.gov.au/organisation/building-and-energy
Claim Pro - likelihood of success, the builder's likely defence, and next steps under Western Australia law.
Assess my payment dispute freeFrequently asked questions
Determinations typically land within about 10 business days of the adjudicator accepting the application - the regime is built to move at cash-flow speed, not litigation speed.
No - the regime was designed for parties to run themselves, and many subcontractors do. For larger or messier disputes a construction lawyer's review of the application is cheap insurance. Either way, the evidence that decides it is the paperwork you kept on site.
General information for Australian subcontractors, not legal advice. Statutory deadlines change and have exceptions - verify against the Act and current guidance, or with a construction lawyer, before acting on them.