Western Australian Current Acts

BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2021 - SECT 28

28 .         When claimant may apply for adjudication of payment claim

        (1)         A claimant may apply for adjudication of a payment claim (an adjudication application ) if —

            (a)         the respondent has not paid the claimed or scheduled amount owed (as defined in section 27(1)) to the claimant in full on or before the due date for the progress payment; or

            (b)         the scheduled amount is less than the claimed amount or no payment is proposed in the payment schedule given by the respondent.

        (2)         If the respondent does not provide a payment schedule in response to a payment claim, an adjudication application cannot be made unless —

            (a)         the claimant has, within 20 business days after the due date for the progress payment, given written notice to the respondent of the claimant’s intention to apply for adjudication of the payment claim; and

            (b)         the respondent has been given an opportunity to provide a payment schedule to the claimant within 5 business days after receiving the claimant’s notice.

        (3)         The due date for a progress payment is not extended because the respondent is given a further opportunity to provide a payment schedule.

        (4)         An adjudication application must be made within 20 business days after the claimant first becomes entitled to make the application.