{"id":"construction-contracts-regulations-2004","name":"Construction Contracts Regulations 2004","slug":"construction-contracts-regulations-2004","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174357,"registerId":"wa-construction-contracts-regulations-2004-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Construction Contracts Regulations 2004","content":"![Crest]()Western Australia\n\nConstruction Contracts Act 2004\n\nConstruction Contracts Regulations 2004\n\nWestern Australia\n\nConstruction Contracts Regulations 2004\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n4. Giving a person’s contact details 1\n\n5. Prescribed information in application for adjudication 1\n\n6. Prescribed information in response to an application for adjudication 2\n\n7. Prescribed information in adjudicator’s determination 2\n\n8. Prescribed information in notice of intention to suspend performance of obligations 2\n\n9. Qualifications of registered adjudicators 3\n\n10. Adjudicator application fee 4\n\n11. Prescribed appointors 5\n\nNotes\n\nCompilation table 6\n\nDefined terms\n\n  \n\nConstruction Contracts Act 2004\n\nConstruction Contracts Regulations 2004\n\n##### 1. Citation\n\nThese are the *Construction Contracts Regulations 2004*.\n\n##### 2. Commencement\n\nThese regulations come into operation on the day on which section 55 of the Act comes into operation.\n\n##### 3. Terms used\n\nIn these regulations, unless the contrary intention appears —\n\n  ABN means Australian Business Number as defined in section 41 of the *A New Tax System (Australian Business Number) Act 1999* of the Commonwealth;\n\n  ACN means Australian Company Number as defined in section 9 of the *Corporations Act 2000* of the Commonwealth;\n\n  contact details has the meaning given in regulation 4.\n\n##### 4. Giving a person’s contact details\n\nIf a person is required by these regulations to give the contact details of a person, the person required to give the details must give the address, telephone and facsimile numbers and ABN of the person or the person’s business (or ACN of the person if there is no ABN) to the extent to which the person required to give the details knows those details.\n\n##### 5. Prescribed information in application for adjudication\n\nFor the purposes of section 26(2)(a) of the Act, an application to have a payment dispute adjudicated must, in addition to the other information required by section 26(2) of the Act, contain —\n\n(a) the name of the appointed adjudicator or prescribed appointor and the adjudicator’s or appointor’s contact details; and\n\n(b) the applicant’s name and contact details; and\n\n(c) the respondent’s name and contact details.\n\n##### 6. Prescribed information in response to an application for adjudication\n\nFor the purposes of section 27(2)(a) of the Act, a response to an application for adjudication must, in addition to the other information required by section 27(2) of the Act, contain —\n\n(a) the name of the appointed adjudicator or prescribed appointor and the adjudicator’s or appointor’s contact details; and\n\n(b) the applicant’s name and contact details; and\n\n(c) the respondent’s name and contact details.\n\n##### 7. Prescribed information in adjudicator’s determination\n\nFor the purposes of section 36(b) of the Act, an appointed adjudicator’s decision must, in addition to the other information required by section 36 of the Act, contain —\n\n(a) the name of the appointed adjudicator; and\n\n(b) the applicant’s name and contact details; and\n\n(c) the respondent’s name and contact details; and\n\n(d) the date and identification number (if any) of the adjudicator’s determination.\n\n##### 8. Prescribed information in notice of intention to suspend performance of obligations\n\nFor the purposes of section 42(2)(b) of the Act, a contractor’s notice of intention to suspend the performance of its obligations must, in addition to the other information required by section 42(2) of the Act, contain —\n\n(a) the name of the appointed adjudicator; and\n\n(b) the principal’s name and contact details; and\n\n(c) the contractor’s name and contact details; and\n\n(d) the date and identification number (if any) of the adjudicator’s determination; and\n\n(e) the amount to be paid by the principal to the contractor under the determination; and\n\n(f) the date by which the principal is to pay the amount to the contractor under the determination.\n\n##### 9. Qualifications of registered adjudicators\n\n(1) For the purposes of section 48(1) of the Act, an individual must have the qualifications and experience set out in subregulations (2), (3) and (4) to be eligible to be a registered adjudicator.\n\n(2) The individual must —\n\n(a) have a degree, from a university or other tertiary institution in Australia, in a course listed in the Table to this paragraph, or an equivalent qualification from an overseas university or tertiary institution;\n\n**Table**\n\n| Architecture | Building |\n| --- | --- |\n| Engineering | Construction |\n| Quantity surveying | Law |\n| Building surveying | Project management |\n\n\nor\n\n(b) be eligible for membership of a professional institution listed in the Table to this paragraph;\n\n**Table**\n\n| The Royal Australian Institute of Architects |\n| --- |\n| Institution of Engineers Australia |\n| Australian Institute of Quantity Surveyors |\n| Australian Institute of Building Surveyors |\n| The Australian Institute of Building |\n| The Institute of Arbitrators and Mediators of Australia |\n| Australian Institute of Project Management |\n\n\nor\n\n(c) be a builder registered under the *Builders’ Registration Act 1939*.\n\n(3) The individual must have had at least 5 years’ experience in —\n\n(a) administering construction contracts; or\n\n(b) dispute resolution relating to construction contracts.\n\n(4) The individual must have successfully completed an appropriate training course which qualifies the person for the performance of the functions of an adjudicator under the Act.\n\n(5) For the purposes of subregulation (2)(a), a qualification is equivalent to another if the course of study for the first qualification covers approximately the same matters as does the course of study for the second.\n\n##### 10. Adjudicator application fee\n\nFor the purposes of section 48(3) of the Act, a fee of $59.50 is payable on the application of an individual for registration as a registered adjudicator.\n\n[Regulation 10 amended: Gazette 17 Jun 2014 p. 1962; 23 Jun 2015 p. 2170; 3 Jun 2016 p. 1756; 23 Jun 2017 p. 3232; 25 Jun 2018 p. 2336; SL 2021/86 r. 19.]\n\n[**10A.** Deleted: SL 2021/86 r. 20.]\n\n##### 11. Prescribed appointors\n\nFor the purposes of the definition of “prescribed appointor” in section 3 of the Act, the persons listed in the Table to this regulation are prescribed.\n\nTable\n\n| Adjudicate Today Pty Limited |\n| --- |\n| Australian Institute of Building |\n| Australian Institute of Project Management |\n| Master Builders’ Association of Western Australia (Union of Employers) Perth |\n| Resolution Institute |\n| RICS Australasia Pty Ltd |\n| The Electrical and Communications Association of Western Australia Inc. |\n\n\n[Regulation 11 inserted: Gazette 1 Apr 2005 p. 1064; amended: Gazette 12 Aug 2005 p. 3653; SL 2020/16 r. 4.]\n\n![dline]()\n\nNotes\n\nThis is a compilation of the *Construction Contracts Regulations 2004* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Construction Contracts Regulations 2004* | 14 Dec 2004 p. 6006‑9 | 1 Jan 2005 (see r. 2 and *Gazette* 14 Dec 2004 p. 5999) |\n| *Construction Contracts Amendment Regulations 2005* | 1 Apr 2005 p. 1063-4 | 1 Apr 2005 |\n| *Construction Contracts Amendment Regulations (No. 2) 2005* | 12 Aug 2005 p. 3652‑3 | 12 Aug 2005 |\n| *Construction Contracts Amendment Regulations 2014* | 17 Jun 2014 p. 1961‑2 | r. 1 and 2: 17 Jun 2014 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2014 (see r. 2(b)) |\n| *Construction Contracts Amendment Regulations 2015* | 23 Jun 2015 p. 2170 | r. 1 and 2: 23 Jun 2015 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b)) |\n| *Commerce Regulations Amendment (Fees and Charges) Regulations 2016* Pt. 6 | 3 Jun 2016 p. 1745-73 | 1 Jul 2016 (see r. 2(b)) |\n| *Commerce Regulations Amendment (Fees and Charges) Regulations 2017* Pt. 7 | 23 Jun 2017 p. 3213‑52 | 1 Jul 2017 (see r. 2(b)) |\n| **Reprint 1: The *Construction Contracts Regulations 2004* as at 14 Jul 2017** (includes amendments listed above) | | |\n| *Commerce and Industrial Relations Regulations Amendment (Fees and Charges) Regulations 2018* Pt. 6 | 25 Jun 2018 p. 2325‑53 | 1 Jul 2018 (see r. 2(b)) |\n| *Construction Contracts Amendment Regulations 2020* | SL 2020/16 20 Mar 2020 | r. 1 and 2: 20 Mar 2020 (see r. 2(a));   Regulations other than r. 1 and 2: 21 Mar 2020 (see r. 2(b)) |\n| *Commerce Regulations Amendment (COVID-19 Response) Regulations (No. 2) 2020* Pt. 5 | SL 2020/196 27 Oct 2020 | 28 Oct 2020 (see r. 2(b)) |\n| *Commerce Regulations Amendment (Fees and Charges) Regulations 2021* Pt. 7 | SL 2021/86 21 Jun 2021 | 1 Jul 2021 (see r. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nABN 3\n\nACN 3\n\ncommencement day 10A(1)\n\ncontact details 3\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain procedural and administrative in scope, implementing the Act's adjudication and registration mechanics (standardising required information, setting minimum adjudicator qualifications, listing appointors). Amendments over time have updated the list of prescribed appointors and adjusted the registration fee, but these are incremental, administrative changes rather than an expansion of the regulations' fundamental purpose. The core scope — prescribing procedural particulars and minimum adjudicator standards — has not grown significantly beyond the original intent."},"complexity_factors":["Short instrument: 11 regulations and a small interpretation section","Small number of defined terms (ABN, ACN, contact details) cited in reg 3","Several cross-references to the parent Act (sections 26, 27, 36, 42, 48) — procedural rather than substantive complexity","Qualification rules in reg 9 include three alternative pathways (degrees, professional membership eligibility, builder registration), a 5-year experience requirement, and a training-course requirement (nested conditions)","Tables listing eligible degree subjects and professional bodies (reg 9) and a table of prescribed appointors (reg 11)","Fee provision in reg 10 references multiple later amendments (fee updates handled by separate fee instruments)","Some judgmental terms (\"equivalent qualification\", \"appropriate training course\") which create delegated decision-making complexity"],"plain_english_summary":"**What these regulations do (mechanical changes)\n\n- Set out small but important procedural details that sit under the Construction Contracts Act 2004 for Western Australia.\n- Prescribe the exact information that must be included when parties make or respond to an adjudication application, when an adjudicator issues a determination, and when a contractor gives a notice of intention to suspend work (regs 5–8).\n- Specify what contact information must be provided (address, phone, fax and ABN or ACN) when the regulations require contact details (reg 4).\n- Set minimum qualifications, experience and training for people who may register as adjudicators (reg 9).\n- Fix the application fee for registration as a registered adjudicator (reg 10).\n- List organisations that may act as \"prescribed appointors\" (organisations that can appoint adjudicators) (reg 11).\n\n**Who this affects\n\n- Parties to construction contracts in WA who use the Act's adjudication process for payment disputes: they must include the prescribed information in applications, responses and notices (regs 5–8).\n- Individuals seeking registration as adjudicators: they must meet the educational, professional membership or builder-registration criteria, have 5+ years' relevant experience, and complete an appropriate training course (reg 9). They also pay the small application fee (reg 10).\n- Organisations listed as prescribed appointors (reg 11): they are formally recognised as bodies that can be named or used to appoint adjudicators under the Act.\n\n**How it works (practical mechanics)\n\n- Applications and responses for adjudication must include the names and contact details of the applicant, respondent and the appointed adjudicator or prescribed appointor (regs 5–6). This standardises basic contact and identity information used throughout the process.\n- An adjudicator's determination must state the adjudicator’s name, parties’ names and contact details, and the date and any identifying number of the determination (reg 7). That makes determinations traceable and actionable.\n- If a contractor intends to suspend performance because an adjudicator has decided in its favour, the contractor’s notice must include the adjudicator’s name, the parties’ contact details, the determination’s date/ID, the amount payable and the due date for payment (reg 8). This provides the principal with clear, comparable information before suspension occurs.\n- To be a registered adjudicator an individual must have a relevant degree (or equivalent overseas qualification), or be eligible for membership of a listed professional body, or be a registered builder; must have at least five years' relevant experience; and must have completed an \"appropriate\" training course (reg 9). The regulation defines equivalence for overseas or different qualifications (reg 9(5)).\n- The regulations set a modest fee for registering as an adjudicator; the amount has been updated by later fee regulations (reg 10 and notes).\n- The regulations explicitly name organisations that can be relied on as appointors when parties select or refer to a prescribed appointor (reg 11).\n\n**Stated purpose and how the regulations implement it\n\n- The regulations operationalise the Act by prescribing form and minimum standards: they reduce ambiguity about what must be in applications, responses, determinations and suspension notices, and they set baseline qualifications for adjudicators. The effect is administrative: to make adjudication papers consistently complete and to set a minimum standard for who may be appointed as an adjudicator (see regs 4–9, 11).\n\n**Costs, incentives, trade-offs and implementation considerations\n\n- Who pays: individuals seeking registration pay the application fee (reg 10). Parties to adjudications bear the operational cost of supplying the prescribed information and any fees charged by appointors or adjudicators under separate arrangements.\n- Who decides: adjudicators and prescribed appointors decide disputes under the Act; the regulator (under the Act) registers adjudicators subject to the qualifications set out in reg 9.\n- Behavioural effects: standardised information requirements reduce informational defects (missing contact/ID details) and make respondents and principals easier to reach and to hold to time limits. Qualification and training requirements raise the entry standard for adjudicators and may reduce inexperienced appointments (reg 9).\n- Concentrated benefits and potential for capture: prescribing specific appointor organisations (reg 11) concentrates appointment activity with those bodies. The regulations do not set appointors’ fees or appointment procedures, so those organisations may derive fee income from appointment activity; the regulations only list them as authorised appointors.\n- Compliance burden: small and procedural for most parties (providing contact details, including ABN/ACN). For prospective adjudicators, meeting the 5-year experience requirement plus completing an \"appropriate\" training course is a material hurdle (reg 9). There is also administrative effort in verifying equivalence of overseas qualifications (reg 9(5)).\n- Discretion and implementation risk: the term \"appropriate training course\" is not fully elaborated in the regulations, creating some regulatory discretion or need for guidance when assessing applications (reg 9(4)). Determining whether an overseas qualification is \"equivalent\" involves judgment about course content (reg 9(5)).\n- Opportunity costs and substitution: higher entry standards for adjudicators could shift some dispute-resolution work to arbitration, mediation or courts if parties prefer different decision-makers or if the pool of adjudicators becomes narrower.\n\n**Key sections to refer to for practice\n\n- Contact details: reg 4\n- Required content of adjudication application/response: regs 5–6\n- Required content of adjudicator determination: reg 7\n- Required content of suspension notice: reg 8\n- Adjudicator qualifications: reg 9\n- Adjudicator registration fee: reg 10\n- Prescribed appointors: reg 11\n\n**Net practical effect**: these regulations are mainly procedural and administrative. They increase certainty about what must be included in adjudication-related documents, set minimum entry standards for adjudicators, and identify which organisations can be used to appoint adjudicators, while leaving substantive adjudication rules to the Act itself."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operationalising the Construction Contracts Act 2004 by setting out procedural requirements for adjudication, adjudicator qualifications, and administrative details. The amendments tracked in the compilation table are minor updates (fee adjustments, changes to prescribed appointor list, deletion of spent provisions) rather than scope expansion."},"complexity_factors":["Short length (11 regulations plus definitions)","Minimal cross-referencing (primarily references back to specific sections of the parent Act)","Simple conditional logic (mostly 'if required, give details' structure)","Only 3 defined terms in the interpretation section (ABN, ACN, contact details)","Straightforward tabular presentations for qualifications and prescribed appointors","No nested exceptions or complex provisos","Procedural/administrative nature rather than substantive legal rules"],"plain_english_summary":"These regulations set out the practical details for running Western Australia's construction contract dispute system. They work alongside the Construction Contracts Act 2004 to provide a fast-track way for builders and contractors to get paid when there's a payment dispute.\n\n**What it does:**\n- **Paperwork requirements**: Specifies exactly what information must be included in applications for adjudication (a fast-track dispute resolution process), responses to those applications, and the final decisions made by adjudicators. This includes names, contact details, and identification numbers.\n- **Who can be an adjudicator**: Sets strict qualifications for people who decide payment disputes. They need a relevant degree (architecture, engineering, law, etc.), 5 years' experience in construction contracts or dispute resolution, and must complete special training.\n- **Fees and appointors**: Sets the registration fee for adjudicators (currently $59.50) and lists authorised organisations (like Master Builders WA and the Australian Institute of Building) that can appoint adjudicators to hear disputes.\n- **Suspension notices**: Details what contractors must include when they threaten to stop work because they haven't been paid after winning an adjudication.\n\n**Who it affects:**\n- Builders, contractors, and subcontractors working on construction projects in Western Australia\n- Property owners (principals) who hire builders\n- People wanting to become registered adjudicators\n- Industry bodies that appoint adjudicators\n\n**Why it matters:**\nConstruction work often involves arguments about payment. These regulations ensure there's a clear, standardised process for resolving these disputes quickly without going to court. The strict qualifications for adjudicators help ensure decisions are made by people who actually understand the building industry."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess — no legislative content was retrievable from the provided URL. The page has been moved or removed as part of a system upgrade."},"complexity_factors":["No actual legislative text was provided — only an error/maintenance page","Cannot assess complexity without substantive content","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe URL provided returned an error page — the actual text of the *Construction Contracts Regulations 2004* (WA) was not available. What was returned is simply a website maintenance notice from Western Australia's Parliamentary Counsel's Office, along with a standard Acknowledgement of Country.\n\n**What we do know from the title alone:**\nThe *Construction Contracts Regulations 2004* are subordinate legislation (regulations sit beneath an Act and fill in the detail) made under Western Australia's *Construction Contracts Act 2004*. That Act generally governs payment disputes in the building and construction industry in WA — affecting contractors, subcontractors, and builders. The Regulations would typically set out procedural details such as forms, fees, timeframes, and administrative requirements.\n\n**To access the actual legislation**, visit the WA legislation website directly at [www.legislation.wa.gov.au](https://www.legislation.wa.gov.au) and search for 'Construction Contracts Regulations 2004'."}},"importantCases":[],"_links":{"self":"/api/acts/construction-contracts-regulations-2004","history":"/api/acts/construction-contracts-regulations-2004/history","analysis":"/api/acts/construction-contracts-regulations-2004/analysis","conflicts":"/api/acts/construction-contracts-regulations-2004/conflicts","importantCases":"/api/acts/construction-contracts-regulations-2004/important-cases","documents":"/api/acts/construction-contracts-regulations-2004/documents"}}