Abstract

The Construction Contracts Act 2004 (WA) ('the Act') came into operation on 1 January 2005. It provides for security of payment in the construction industry through the use of rapid adjudication processes to determine payment disputes. It applies to both written and oral contracts and provides for implied terms where contracts are silent on terms relating to payment for construction works. The Act further prohibits paid when paid clauses in construction contracts and excessive payment periods.

This article describes the main provisions of and the application of the Act.

Keywords

Peer-reviewed, Construction contracts, Construction industry, Arbitration and award, Construction Contracts Act 2004

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