The following information gives general guidance and direction for subcontractors in the Western Australian building and construction industry regarding common rights and obligations. The Small Business Development Corporation and the Building Commission have contributed material and advice towards its development.

Subcontractors and licensed tradespeople must be aware of their responsibilities when it comes to contracts, credit management, debt recovery and dispute resolution. This is important to protect the interests of subcontractors, especially around receiving payment for work performed or materials supplied.

As a subcontractor, it is your responsibility to fully understand your rights and obligations in the relationship with your head contractor under contract law, before you enter into any subcontracting arrangement. Importantly, the information provided in this brochure is not a substitute for legal advice; much may depend on the particular facts of your matter. If you are unclear about your rights, or what you can do to protect yourself, it is highly recommended that you seek independent legal advice.