Security of payment – WA

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. This note is scheduled to be updated in 2022 to reflect these incoming changes.

The Construction Contracts Act 2004 (WA) came into operation on 1 January 2005. It applies 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.