Western Australian Current Acts

CONSTRUCTION CONTRACTS (FORMER PROVISIONS) ACT 2004 - SECT 33

33 .         Interest up to determination

        (1)         If an appointed adjudicator determines that a party to a payment dispute is liable to make a payment, he or she may also determine that interest is to be paid —

            (a)         if the payment is overdue under the construction contract, on the payment in accordance with the contract; or

            (b)         otherwise, on the whole or a part of the payment from the date the payment dispute arose at a rate not greater than the rate prescribed under the Civil Judgments Enforcement Act 2004 section 8(1)(a),

                until and including the date of the determination.

        (2)         Subsection (1) does not authorise the awarding of interest upon interest.

        [Section 33 amended: No. 8 of 2009 s. 38(2).]