The Building and Construction Industry (Security of Payment) Act 2021 (WA) will be implemented from 1 August 2022 in three stages (see Security of payment information). Provisions of the Act will apply to construction contracts entered into on or after that date. See Acumen note Security of payment for architects - WA for further information.
The Construction Contracts Act 2004 (WA) came into operation on 1 January 2005. It applied to almost all contracts for construction work in Western Australia entered into after that date including housing projects, but not contracts related to the oil and gas or mining industries, and work wholly related to erecting and maintaining sculptures and the like. The Construction Contracts Act 2004 (WA) has been superseded by the Construction Contracts (Former Provisions) Act that now only applies to construction contracts prior to August 2022. For all new construction contracts signed on or after 1 August 2022, the Building and Construction Industry (Security of Payment) Act 2021 with accompanying regulations applies. Please see Acumen note Security of payment for architects – WA for further information.