WA Security of Payment Act Handbook

Who is this handbook for?

The handbook is ideal for those involved in contract administration, commercial or legal aspects of a project and dispute resolution. It is also intended for any contractor, subcontractor, consultant or supplier (large or small) that may need to utilise the Act to pursue payment.

Those who may benefit include:

• Contractors, subcontractors and suppliers
• Project managers
• Contract managers and administrators
• Commercial managers
• Independent certifiers
• Architects and engineers
• Quantity surveyors and other consultants
• Business owners
• Legal practitioners
• Students and others wanting to learn more

What does the handbook cover?

The handbook takes the reader through each aspect of the claims and adjudication process, explaining how to comply with the legislation and provides practical guidance based upon legal principles and the author’s experience.

Specifically, the handbook covers the following topics:

• Application of the Act – when the Act applies, including exclusions from its operation
• Payment claims – when a claimant will be entitled to make a payment claim, how to make a valid payment claim and other considerations
• Payment schedules – how to prepare and provide a valid payment schedule in response to a payment claim
• Consequences of no payment schedule – the respondent’s liability to pay the claimed amount where it fails to provide a payment schedule and remedies available to claimants (including commencing proceedings to recover a statutory debt)
• Adjudication – adjudication of disputed payment claims, including how to make an application, respond to an application and procedural aspects of an adjudication
• Review adjudication – applying for review adjudication by a second adjudicator
• Judicial review – applying to the courts to set aside an adjudication determination where there is jurisdictional error
• Enforcement of determinations – options available to enforce an adjudication determination
• The Interim nature of payments – a discussion of the interim nature of payments under the Act, practical implications and claims for restitution of amounts paid under the Act upon a final determination of the parties’ rights
• Other provisions – a summary of provisions falling outside of the progress payment and adjudication regime, including a retention money trust scheme, unfair time bar provisions, requirements for drawing upon performance security and other provisions.

In summary, the handbook is a useful resource for anyone who wants to familiarise themselves with the Act and get some practical guidance that may help in making and responding to claims, administering contracts, mitigating risk and planning for and managing disputes.

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