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WA Security of Payment Act Flowchart

How a payment claim moves through the Western Australian security of payment process, from serving your claim to enforcing an adjudication decision. Find the step you’re at and check your deadlines.

You (claimant)Respondent (who owes you)AdjudicatorCourt / Building Commissioner
Step 1 · You

Serve your payment claim

  • On or after the last day of each month you carry out work (or an earlier date if your contract allows). Applies to contracts entered into from 1 August 2022.
  • Within 6 months after you last carried out the work, or longer if your contract allows. Final claims can also be made up to 28 days after the defects liability period ends.
  • The claim must be in writing, describe the items and quantities of work, state the amount and say it is made under the Act. An invoice can be a payment claim.
  • Home building contracts over $500,000 with an individual owner need a homeowner's notice with the claim.
Step 2 · Respondent

Respondent has 15 business days to give a payment schedule

Or less if your contract says so. Payment is due 20 business days after your claim (principal to head contractor) or 25 business days (to a subcontractor), or earlier if your contract says so. A schedule offering less must give reasons, and the respondent can't add new reasons later.

✓ Payment schedule given in time
If the schedule offers less than you claimed

Apply for adjudication

Within 20 business days of receiving the payment schedule.

OR, IF THE SCHEDULED AMOUNT ISN'T PAID BY THE DUE DATE
Scheduled amount unpaid

Recover it or adjudicate (not both)

  • Recover the unpaid scheduled amount as a debt in court, or
  • apply for adjudication within 20 business days of the due date.
  • In WA you must choose one or the other.
  • You can also suspend work on 2 business days written notice.
✗ No payment schedule given in time
No schedule in time

Respondent owes the full claimed amount

If the respondent doesn't give a payment schedule in time, they become liable to pay the full amount you claimed by the due date.

IF IT ISN'T PAID BY THE DUE DATE
Your options

Recover it or adjudicate (not both)

  • Recover the full claimed amount as a debt in court, or
  • apply for adjudication: first give written notice of your intention within 20 business days after the due date, allow the respondent 5 business days to give a schedule, then apply within 20 business days after that.
  • You can also suspend work on 2 business days written notice.

A respondent who didn't give a schedule in time can't lodge an adjudication response.

Step 4 · Adjudication

The adjudicator decides

  • Apply to the adjudicator named in your contract, or to an authorised nominating authority of your choice. Give the respondent a copy within 1 business day.
  • The respondent can respond within 10 business days of receiving your application.
  • The adjudicator decides within 10 business days. The parties can agree to extend this by up to 20 business days in total.
Step 5 · WA only

Either party may seek a review

  • If the difference between the amount decided and the amount claimed (or scheduled) is above the prescribed minimum, either party can apply for a review within 5 business days of receiving the decision.
  • A respondent can only seek a review if it gave a payment schedule and an adjudication response on time. It must first pay you the undisputed part and put the disputed part into a trust account.
Step 6 · Respondent

Respondent must pay within 5 business days

After the adjudicator (or review adjudicator) gives them the decision, or by a later date set in the decision.

Step 7 · Enforcement

Not paid? Enforce it as a court judgment

  • Ask the Building Commissioner for a certified copy of the determination. It is treated as a monetary judgment of a court.
  • Enforce it under the Civil Judgments Enforcement Act 2004, with an affidavit stating what is unpaid.
  • A respondent who applies to set it aside must pay the amount into court as security and can't re-argue the contract.
  • You can also suspend work on 2 business days notice until you're paid (unless the respondent's review is still pending).

Simplified guide to the Building and Construction Industry (Security of Payment) Act 2021 (WA) for contracts entered into from 1 August 2022. Earlier contracts fall under the Construction Contracts (Former Provisions) Act 2004. Your contract can shorten some of these times. General information only, not legal advice. Last reviewed October 2026.

Not sure where you're up to? Call 1300 732 687 or contact us and we'll tell you your deadlines.