Western Australian Consolidated Acts

CONSTRUCTION CONTRACTS ACT 2004 - SECT 3

3 .         Interpretation

                In this Act, unless the contrary intention appears —

        adjudication means the adjudication of a payment dispute in accordance with Part 3;

        applicant , in relation to an adjudication, means the person who, under section 26, makes the application for the adjudication;

        appointed adjudicator , in relation to a payment dispute, means the registered adjudicator who, having been appointed under Part 3 to adjudicate the dispute, has been served with the application for adjudication;

        Building Commissioner means the officer referred to in the Building Services (Complaint Resolution and Administration) Act 2011 section 85;

        construction contract means a contract or other agreement, whether in writing or not, under which a person (the contractor ) has one or more of these obligations —

            (a)         to carry out construction work;

            (b)         to supply to the site where construction work is being carried out any goods that are related to construction work by virtue of section 5(1);

            (c)         to provide, on or off the site where construction work is being carried out, professional services that are related to the construction work by virtue of section 5(2);

            (d)         to provide, on the site where construction work is being carried out, on-site services that are related to the construction work by virtue of section 5(3)(b);

        construction work has the meaning given to that term in section 4;

        contractor has the meaning given by the definition of “construction contract”;

        costs of an adjudication has the meaning given to that term in section 44;

        determination means a determination, made on an adjudication under Part 3, of the merits of a payment dispute;

        obligations , in relation to a contractor, means those of the obligations described in the definition of “construction contract” that the contractor has under the construction contract;

        party , in relation to an adjudication, means the applicant and any person on whom an application for the adjudication is served;

        party , in relation to a construction contract, means a party to the contract;

        payment claim means a claim made under a construction contract —

            (a)         by the contractor to the principal for payment of an amount in relation to the performance by the contractor of its obligations under the contract; or

            (b)         by the principal to the contractor for payment of an amount in relation to the performance or non-performance by the contractor of its obligations under the contract;

        payment dispute has the meaning given to that term in section 6;

        prescribed appointor means a person prescribed as such by the regulations;

        principal , in relation to a construction contract, means the party to whom the contractor is bound under the contract;

        registered adjudicator means an individual registered as such under section 48.

        [Section 3 amended by No. 16 of 2011 s. 128(2)-(4).]