The Building and Construction Industry (Security of Payment) Act 2021 (WA) (Act) received royal assent on 25 June 2021. Limited provisions of the Act commenced on the date of royal assent. However, the date by which the Act applies to construction contracts and replaces the Construction Contracts Act 2004 (WA) (CCA) is yet to be set.
The Act will more closely align the Western Australian security of payment (SOP) regime with the regimes in place in other states.
The Act makes several significant changes to the CCA which we discuss below.