Security of Payment · Western Australia & Northern Territory

From Payment Claim
to Determination.

Specialist support for contractors and subcontractors navigating payment disputes under BCISPA 2021 and CCA 2004 — led by an experienced adjudicator with direct knowledge of how determinations are made.

Services


Are you making a claim, or defending one?

Two distinct situations. Two different strategies. Whether you're owed money or defending a claim against you, the deadlines are absolute and the stakes are high.

Making an Adjudication Application

You've done the work. You've sent the claim. Nothing has come back — or what came back is wrong. Adjudication is your fastest path to payment, but the deadlines are unforgiving.

  • Payment claim compliance review
  • Identify correct act and nominating authority
  • Prepare comprehensive adjudication application
  • Calculate and evidence your claimed amount
  • Variations, retention and delay entitlements
  • Respond to adjudicator requests and queries
Start your application

Responding to an Adjudication

An application has landed on your desk. The clock has already started. A poor response — or no response — locks in an adverse determination. We make yours count.

  • Urgent review of application and claimed amount
  • Identify jurisdictional defects and procedural issues
  • Prepare comprehensive adjudication response
  • Evidence your payment schedule position
  • Challenge variations, delays and retention figures
  • Post-determination enforcement or challenge advice
Get urgent assistance

Why AdjudicationWA

01

The adjudicator's perspective

We've sat in the chair. We know what wins — and what doesn't.

02

Two jurisdictions, current practice

Active across WA and NT — current knowledge of both legislative regimes.

03

Honest first call

Free initial review. We tell you the truth, not what you want to hear.

How We Work


Five steps. One determination.
No surprises.

We manage every stage of the adjudication process so you can focus on your project.

Book a Free Consultation

Free Initial Consultation

We review your situation, identify the applicable legislation and give you an honest assessment of your position and prospects — at no cost.

Document & Deadline Review

We examine your contract, payment history, claims and schedules to map all critical deadlines and identify any compliance issues before they become fatal problems.

Preparation & Lodgement

We prepare your application or response — all documents, calculations and submissions — and manage lodgement with the nominating authority.

Through to Determination

We liaise with the adjudicator, respond to any requests, and keep you informed at every stage through to the binding determination.

Post-Determination Support

Where payment is not forthcoming, we advise on enforcement — court registration and the excluded contractors provisions under BCISPA 2021.

Legislation


Which act applies to you?

The applicable legislation is determined by your contract date. Getting this right from the outset is fundamental to a valid adjudication application.

In force from 1 August 2022

Building and Construction Industry (Security of Payment) Act 2021 (WA)

BCISPA 2021 applies to construction contracts entered into on or after 1 August 2022 with a contract value of $20,000 or more. It fundamentally restructured security of payment in WA — introducing new payment claim requirements, tighter deadlines, a retention trust scheme and expanded protections for subcontractors.

If your contract is dated on or after 1 August 2022, BCISPA 2021 governs your rights regardless of when the dispute arises.

Contracts from 1 Aug 2022 Contract value ≥ $20,000 15 bd payment schedule 20 bd adjudication window 10 bd determination
Key Provisions
Payment Claim RequirementsMust include a prescribed statement — without it, statutory adjudication rights are not triggered.
Payment Schedule — 15 Business DaysFailure to serve a valid schedule makes the full claimed amount immediately due as a debt payable without adjudication.
Adjudication Window — 20 Business DaysFrom the payment schedule due date. This deadline is absolute and cannot be extended.
Retention Trust SchemeRetention money must be held in a designated trust account, protecting subcontractors in insolvency.
Excluded ContractorsThe Building Services Board may act against registered builders who fail to pay subcontractors.
Applies to pre-August 2022 contracts

Construction Contracts (Former Provisions) Act 2004 (WA)

The CCA 2004 governs all construction contracts entered into before 1 August 2022. The applicable legislation is determined by the contract date — not the date of the dispute. If your contract pre-dates August 2022, the CCA applies regardless of when you are reading this.

The CCA provides a more flexible framework with longer application windows and no minimum contract value threshold.

Pre-1 Aug 2022 contracts No minimum contract value 90 bd application window 14 calendar day response 14 calendar day determination
Key Provisions
Broad Adjudication ScopeAny party to a construction contract may apply for adjudication of any payment dispute under the contract.
Application Window — 90 Business DaysFrom when the payment dispute arises. More generous than BCISPA 2021, but still an absolute deadline.
Response — 14 Calendar DaysFrom receiving the application. Shorter than it sounds — act immediately upon receiving an application.
Binding DeterminationEnforceable as a judgment debt. Rights to pursue further claims in other forums are preserved.
Anti-AvoidanceParties cannot contract out of the adjudication process — statutory protections apply regardless of what the contract says.

About Us


We are not your average adjudication consultants.
We are AdjudicationWA.

AdjudicationWA is the specialist adjudication practice of ABG Consulting Pty Ltd, a Perth-based construction consultancy.

Our principal is an experienced adjudicator who has conducted adjudications under security of payment legislation in both Western Australia and the Northern Territory. That first-hand adjudicator experience is what sets us apart — we read every matter the way an adjudicator will, and we prepare your application or response accordingly.

We are not lawyers and do not provide legal advice. Our expertise is practical and process-based. We will always tell you when a legal question requires a construction lawyer.

Adjudicator — WA Adjudicator — NT BCISPA 2021 CCA 2004 Perth, WA

Principal · AdjudicationWA

ABG Consulting Pty Ltd

Adjudication Specialists · Perth, Western Australia

Our principal has conducted adjudications under BCISPA 2021, the Construction Contracts (Former Provisions) Act 2004, and NT security of payment legislation — bringing direct adjudicator experience to every matter we handle.

This means every application and response we prepare is built from the perspective of how an adjudicator will read it: what the legislation requires, what the evidence actually demonstrates, and what reasoning will result in a favourable determination.

We have experience across the full spectrum — subcontractor claims, head contractor applications, variation disputes, retention recovery and complex multi-party matters.

Adjudicator — WA Adjudicator — NT ABN 91 620 445 141

Our Approach

Honest Assessment

We give you a frank view of your position at first consultation — including when prospects are uncertain or risks outweigh likely recovery.

Our Advantage

Adjudicator's Perspective

Our principal has sat as adjudicator. We know exactly how applications are evaluated — and prepare every document accordingly.

Our Focus

WA & NT Expertise

We practise exclusively in WA and the NT, with current knowledge of both jurisdictions' legislation, nominating authorities and practice.

Resources


Practical Guides & Reference Materials

Free resources to help you understand the adjudication process and prepare your position. Contact us to request any PDF below.

Checklist · PDF

BCISPA 2021 Payment Claim Requirements

Every element a valid payment claim must contain before you serve it.

Request Download

Guide · PDF

What to Include in an Adjudication Response

Required content, available defences and common errors for respondents.

Request Download

Guide · PDF

Retention Trust Obligations under BCISPA 2021

When trust accounts are required and consequences of non-compliance.

Request Download

FAQ


Common Questions

Questions about adjudication in Western Australia. Can't find what you're looking for? Your initial consultation is free.

Ask Us Directly

No. We are not lawyers and do not provide legal advice, but our direct adjudicator experience means we are well-placed to prepare and manage applications and responses. We will always tell you when a legal question warrants consulting a construction lawyer.

Under BCISPA 2021, a determination can be registered as a judgment debt and enforced accordingly. The excluded contractors provisions also allow referral to the Building Services Board where a registered builder fails to pay. Similar enforcement mechanisms apply under CCA 2004.

Yes. Pre-August 2022 contracts are governed by CCA 2004, with a 90 business day application window from when the dispute arises. There is no minimum contract value under the CCA 2004.

No. Under BCISPA 2021, a valid payment claim must include a prescribed statement indicating it is made under the Act. Without it, statutory adjudication rights are not triggered. Many contractors unknowingly serve invoices that do not qualify. We can assess whether your existing claims comply.

Under BCISPA 2021, the adjudicator must determine within 10 business days of accepting the application. Total process from lodgement is typically 4–8 weeks — substantially faster than litigation or arbitration.

Under BCISPA 2021, a respondent who intends to pay less than the claimed amount must provide a payment schedule within 15 business days of the payment claim. Failure to provide a valid schedule makes the full claimed amount immediately due as a debt — without the need for adjudication.

Yes. Our principal has conducted adjudications under NT security of payment legislation and we are experienced in advising on disputes under Northern Territory construction contracts. Contact us to discuss your specific circumstances.

Contact Us


Get in touch with our team

Your initial consultation is free. The fastest way to reach us is by email — we respond within one business day.

Email Us Directly

info@adjudicationwa.com.au

Click to open in your email program

Location Perth, Western Australia
Jurisdictions WA & Northern Territory
Response Time Within one business day
LinkedIn View profile →

Or send us a structured enquiry

Fill in the details below and we'll generate an email for you to review and send. Useful if you want to provide context upfront.

Submitting opens your email program with the enquiry pre-filled. Or copy the text and paste it into Gmail, Outlook web, or any email service.

Done

Your email program should now be open

Please review and click send. If nothing happened, copy your enquiry text instead and paste it into any email service, addressed to info@adjudicationwa.com.au.

Urgent matter? Tell us upfront.

If you have a statutory deadline within the next five business days, say so clearly in your subject line and we will prioritise your matter the same day. Adjudication deadlines are absolute.