Western Australian Numbered Acts Western Australian Numbered Acts 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;
"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;
“Registrar” means the
Construction Contracts Registrar designated under section 47.