Western Australian Current Acts

BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2021 - SECT 24

24 .         Content of payment claims

        (1)         A payment claim must —

            (a)         be made in writing and be in the approved form (if any); and

            (b)         indicate the amount of the progress payment that the claimant claims is payable by the respondent (the claimed amount ); and

            (c)         describe the items and quantities of construction work, or related goods and services, to which the progress payment relates; and

            (d)         state that it is made under this Act; and

            (e)         include any other information required by the regulations.

        (2)         A payment claim given to the principal for home building work under a construction contract the value of which exceeds the amount referred to in section 10(1)(c) must include a homeowner’s notice in the form prescribed by the regulations unless —

            (a)         the principal is a corporation; or

            (b)         the work is carried out in relation to multiple dwellings or for the purposes of a residential development business of the principal.

        Note for this subsection:

                A homeowner’s notice is not required for a payment claim given under a contract between a head contractor and a subcontractor or under a contract between 2 subcontractors.

        (3)         A payment claim may be a document described as an invoice and, if so, the amount stated in the invoice is sufficient indication of the claimed amount.

        (4)         A payment claim need not be signed by the claimant.