Western Australia: Security of Payment
Getting paid for construction work in WA is now governed by the Building and Construction Industry (Security of Payment) Act 2021 (WA). It applies to construction contracts entered into on or after 1 August 2022. Contracts made before that date still fall under the old Construction Contracts Act 2004 (now the Construction Contracts (Former Provisions) Act 2004).
The new Act works very differently from the old one. The deadlines are much shorter, so check which Act applies to your contract before you do anything else.
Does the Act cover your job?
- Construction work in WA, or goods and services supplied for it
- A contract entered into on or after 1 August 2022
- Head contractors, subcontractors, suppliers and consultants are all covered
- Home building: work done directly for a home owner is generally excluded unless the contract is worth more than $500,000. Above that threshold, a Homeowner’s Notice is required.
Key timeframes
| Step | Timeframe |
|---|---|
| When you can claim | As set out in the contract, or on the last day of each month in which you carried out work |
| Last date to make a claim | Generally 6 months after you last carried out work or supplied goods. For a final claim, 28 days after the end of the defects liability period. |
| Payment schedule (respondent’s reply) | 15 business days after the claim is made, or earlier if the contract says so |
| Maximum payment terms: principal to head contractor | 20 business days after the claim |
| Maximum payment terms: to a subcontractor | 25 business days after the claim |
| Apply for adjudication | 20 business days from when you become entitled to apply (down from 90 under the old Act) |
| Notice before suspending work | At least 2 business days’ written notice |
What changed from the old Act
- Much shorter adjudication window: 20 business days, not 90.
- The payment schedule matters: a respondent can’t raise new reasons in adjudication that weren’t in its payment schedule.
- No schedule, no defence: if a respondent doesn’t serve a payment schedule on time, you can recover the full amount as a debt in court, or give notice and go to adjudication.
- Claims only go up the chain: a principal can no longer start an adjudication against its contractor.
- Retention trusts and notice before calling on security were introduced in later stages.
Contract signed before 1 August 2022?
Your claim falls under the old regime, which has different rules and time limits. Talk to us before you serve anything.
See the WA Security of Payment flowchart: every step from payment claim to enforcement.
Need help with a WA claim?
We prepare payment claims and adjudication applications and enforce adjudicated amounts. Call 1300 732 687 or start your WA claim online.
This page is general information, not legal advice. Timeframes depend on your contract and when it was signed. Last reviewed October 2026.