Check a Western Australian payment claim under the 2021 Act before it is given
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Extract the contract date, whether the claimant is a head contractor or a subcontractor, the named month and the contract payment clause into a checking list.
- What the lawyer must review
- Confirm the commencement position, the named month and the section 20 class
- Approve the claim that is given
- Do not let the checking list decide those points
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Western Australia
Produce. A giving checklist for one payment claim, with the contract date, the named month, the section 24 contents and the section 20 due date marked by the lawyer.
Have ready. The construction contract, including the date it was entered into; The draft payment claim; The Building and Construction Industry (Security of Payment) Act 2021 compilation; The Western Australian Topic 1 overview page.
Example of the limit. A progress payment to a subcontractor, other than home building work, is payable under section 20(1)(b) 25 business days after the payment claim is made, unless the contract makes it payable on an earlier date. The note to section 20(1) says payment by a principal where there is no head contractor is also the 25-business-day case. A day from 22 December to 10 January inclusive is not a business day.
Stop and hand it back when
- The 2021 Act periods are applied to a construction contract entered into before section 22 commenced. The note to section 9 says the Construction Contracts (Former Provisions) Act 2004 continues for those contracts. That Act was not read, so no period from it is stated.
- Home building work under the $500,000 figure in section 10(1)(c) is assumed to be inside the Act. Section 10(1) also requires the principal to be an individual, the work not to be multiple dwellings or a residential development business, and the contract not to be a subcontract. A greater amount prescribed by regulation was not read.
- A Queensland or South Australian due date is written in. Section 20 uses 20 business days for a principal paying a head contractor, 25 business days for a payment to a subcontractor, and, for home building work, the contract date or 10 business days if the contract is silent.
- The Topic 1 overview is used as the source of a day count. The page describes the Act and does not state these periods.
Sources for this task were checked on 2026-09-22.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Extract the contract date, whether the claimant is a head contractor or a subcontractor, the named month and the contract payment clause into a checking list. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Record the date the construction contract was entered into. If it was before section 22 commenced, stop and open the Construction Contracts (Former Provisions) Act 2004. Do not carry a period across from the 2021 Act, and do not invent a period from the former Act.
- Apply section 23 to the named month and to the 6-month or final-payment window, including 28 days after the end of the last defects liability period for a final payment. Unless the contract otherwise provides, make only one payment claim for that named month.
- Check section 24. The claim is in writing, indicates the claimed amount, describes the items and quantities, and states that it is made under the Act. Open the regulations before adding any other required information, and open any approved form.
- Classify the due date under section 20, then count it on the section 4 calendar. Principal to head contractor, other than home building work: 20 business days, or an earlier contractual date. Payment to a subcontractor, and payment by a principal where there is no head contractor: 25 business days, or an earlier contractual date. Home building work that is still inside the Act: the contractual date, or 10 business days if the contract is silent. Apply section 10(1) before treating a home-building contract as outside the Act.
Sources
- Building and Construction Industry (Security of Payment) Act 2021 (WA), compilation mrdoc_46833 · 2026-09-22
- Government of Western Australia: Topic 1 overview of the Building and Construction Industry (Security of Payment) Act 2021 · 2026-09-22
Suggested working checks from the linked public source. Read that source before you rely on the check. This is not a record that the check has been done.