Construction Contracts (Former Provisions) Act 2004

This Act applies to a construction contract entered into after this Act comes into operation and before the Building and Construction Industry (Security of Payment) Act 2021 section 22 comes into operation.

This Act applies to a construction contract —

irrespective of whether it is written or oral or partly written and partly oral; and

irrespective of where it is entered into; and

irrespective of whether it is expressed to be governed by the law of a place other than Western Australia.

This Act does not apply to a construction contract to the extent to which it contains provisions under which a party is bound to carry out construction work, or to supply goods or services that are related to construction work, as an employee (as defined in the Industrial Relations Act 1979 section 7) of the party for whom the work is to be carried out or to whom the goods or services are to be supplied.

This Act, or a provision of this Act, does not apply to a construction contract, or a class of construction contracts, prescribed by the regulations as a contract or class of contracts to which this Act, or that provision, does not apply.