Column 1 Column 2 Column 3 Column 4 0 The security of payment legislation in WA is: 1
- the Construction Contracts Act 2004 (WA) (WA Act).
2 mce-anchorConstruction Contracts Act 2004(WA) (WA Act) 3 When does the legislation apply How to make a claim What must a principal do when faced with a claim Adjudication 4 The WA Act has substantial differences from the security of payment legislation in other states, including: 5
- the WA Act provides for adjudication of 'payment disputes', not adjudication of 'payment claims';
6
- either party to the construction contract can apply for adjudication;
- any payment dispute can be adjudicated – there are no requirements to identify progress claims as claims being made under the WA Act;
7
- an adjudication application may only be made within 28 days after a payment dispute arises;
8
- there is no right to a default debt under the WA Act if the respondent does not respond to thepayment claim;
9
- a respondent is not limited to the issues raised in its response to the payment claim in anyadjudication;
10
- a payment dispute can also arise in relation to payment of retention or the return of security; and
- the parties can agree for applications to be made to a particular prescribed appointing authority and are bound to apply to that authority only.
I assume matters relating to interpretation of the contract and what may be claimed are covered by the arbitration provisions in the contract.
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