Important Terminology WA

"Adjudicator" is an individual registered under the Act as an adjudicator.

"Building and Energy" or "Building Commission" is The Department of Mines, Industry Regulation and Safety – Building and Energy Division.

"Business day" is any day other than a Saturday, Sunday or public holiday or day between 22 December and 10 January inclusive.

"Claimant" is the person who is or who claims to be entitled to a progress payment and who makes a payment claim.

"Give" means to give a document under the Act (for example a payment claim, payment schedule, application or response) either in accordance with the method stipulated in the construction contract, or, if the contract is silent (or there is no contract), the document can be given by either:

• delivering it personally to the person who is to receive the document (for example the claimant, respondent, adjudicator, etc.);
• leaving the document at the person’s ordinary place of business;
• sending the document by post to the person’s ordinary place of business;
• emailing the document to an address specified by the person; or
• if an authorised nominating authority allows for the use of an electronic lock-box, submitting documents via that facility.

"Payment claim" is a claim given under the Act.

"Respondent" is the person who has been given the payment claim.

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