---
title: "Check a Western Australian payment claim under the 2021 Act before it is given"
url: "https://ailawframework.com/practice/construction-and-infrastructure/prepare-and-check-a-progress-payment-claim-before-it-is-served/western-australia"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A11-SOP-WA-1"
practice_area: "Construction & Infrastructure"
tier: "red"
lawyer_review: "required"
jurisdictions: ["WA"]
last_reviewed: "2026-09-23"
---

# Check a Western Australian payment claim under the 2021 Act before it is given

> 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.

Canonical page: https://ailawframework.com/practice/construction-and-infrastructure/prepare-and-check-a-progress-payment-claim-before-it-is-served/western-australia  
Last reviewed: 2026-09-23

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Construction & Infrastructure](https://ailawframework.com/practice/construction-and-infrastructure.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| 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 |
| Written for | Western Australia |
| Applies to | [Prepare and check a progress-payment claim before it is served](https://ailawframework.com/practice/construction-and-infrastructure/prepare-and-check-a-progress-payment-claim-before-it-is-served.md) |

## Checking plan

**Lawyer-led judgement**

The Building and Construction Industry (Security of Payment) Act 2021 sets when a payment claim may be made and when it is payable. Contracts entered into before section 22 commenced stay under the former Act, which was not read. The Topic 1 page does not restate the periods.

- What the AI does: 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 does: Decide whether this contract is under the 2021 Act, whether the claim may be made in this named month, which limb of section 20 fixes the due date, and approve the claim that is given.
- Who reviews: Lawyer competent in the matter and this security-of-payment statute
- Basis: Read on 22 September 2026 from the Queensland reprint current from 28 May 2026, the Western Australian compilation, the South Australian authorised PDF marked version 10.12.2011, the Northern Territory reprint as in force at 25 May 2024, and the linked government pages. Confirm the instrument is still current.
- Why: The traffic light follows the consequence of using the wrong statute, or the wrong day, for a payment claim, payment schedule or adjudication.
- Restriction: The lawyer leads this decision. Assistance stays inside the preparation described for the task.

## Checks the lawyer makes

1. 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.
2. 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.
3. 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.
4. 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.

## Notes

- 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.

## Practical guide

Jurisdiction: Western Australia

**Deliverable**: 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.

**Inputs**

- 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**: 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 escalate 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.

Checked 2026-09-22.

## Sources

- [Building and Construction Industry (Security of Payment) Act 2021 (WA), compilation mrdoc_46833](https://www.legislation.wa.gov.au/legislation/statutes.nsf/RedirectURL?OpenAgent&query=mrdoc_46833.htm) (checked 2026-09-22)
- [Government of Western Australia: Topic 1 overview of the Building and Construction Industry (Security of Payment) Act 2021](https://www.wa.gov.au/government/publications/topic-1-overview-of-the-building-and-construction-industry-security-of-payment-act-2021) (checked 2026-09-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*