Submission to DMIRS on Building and Construction Industry (Security of Payment) Regulations 2022

CME member companies support the intent of the SOP laws and have publicly committed to better payment times, practices and transparency in their supply chains with small, local and Indigenous businesses. As these reforms are a significant overhaul, however, there is considerable uncertainty how this will affect the commercial dynamics of private sector investment in WA.

In particular, members are concerned of the capacity of the adjudication process to fairly cater for high-value, large and complex payment claims and contractual entitlements unique to WA. Although the statutory process is intended to be a rapid process to ensure payment is not held up in the interim, members are concerned this will not necessarily streamline outcomes.