Independent Adjudicator - Western Australia

An Independent Adjudicator for Western Australian Projects

A registered WA adjudicator, solicitor and architect, available by nomination from an authorised nominating authority or, for particular projects, as the adjudicator named in the contract

In Western Australia, most construction payment disputes are referred to an authorised nominating authority, which appoints a registered adjudicator. That is the usual, intended path, and for the great majority of disputes it is the right one.

For particular projects, the Building and Construction Industry (Security of Payment) Act 2021 (WA) allows a second option: the parties can agree to name the adjudicator in the contract. Where they do, a future adjudication application can go directly to that named adjudicator. It is a narrower, deliberate choice, and it always leaves the nominating-authority route in place as the fallback.

Christopher Larcos is a registered adjudicator under the WA Act (and in four other Australian jurisdictions), a solicitor, and a registered architect with more than 40 years in construction. He welcomes nomination by authorised nominating authorities, and he is also available to be named as the independent adjudicator where a contract calls for it, on commercial and high-end residential projects alike.

The aim of this page is simple: to help parties, their advisers and nominating authorities find an experienced, dual-qualified adjudicator for Western Australian disputes, and to explain the narrow situations in which naming an adjudicator in the contract can be a sensible choice.

Two ways an adjudicator is appointed in WA

Both sit within the same statutory framework. The nominating-authority route is the usual path; naming an adjudicator is a narrower option for particular projects.

The usual route

Nomination by an authorised nominating authority

For most disputes, a claimant applies to an authorised nominating authority, which appoints a registered adjudicator. This is the intended, everyday path, and it is how most applications proceed, including most of those Christopher determines. Nominating authorities are central to the system, and Christopher welcomes their nominations.

For particular projects

A named adjudicator in the contract

The WA Act also lets a construction contract name the adjudicator to determine any future application. Where a contract does, the application can go directly to that adjudicator. It is a narrower, deliberate choice for specific projects, and it always leaves the nominating-authority route as the fallback if the named adjudicator is unavailable or conflicted.

When naming an adjudicator can make sense

Naming an adjudicator is the exception, not the norm. For most everyday payment claims, particularly straightforward subcontractor claims, applying to a nominating authority is the sensible route. Naming tends to suit these specific situations.

Major or bespoke contracts

Where well-advised parties are negotiating a significant or tailored contract, they may prefer to agree their decision-maker up front, for certainty about how any future dispute will be handled.

Specialist or technical disputes

Where a likely dispute turns on complex valuation or design questions, the parties may want to secure an adjudicator with that specific expertise in advance, rather than leave it to the point of dispute.

Programmes and long-term relationships

For alliances, repeat engagements or a programme of work, continuity of a single, familiar and trusted neutral across the relationship can be worth agreeing at the outset.

Consensus at the outset

Agreeing an independent adjudicator jointly, before any dispute exists, can feel less adversarial than a unilateral application later, while keeping the nominating-authority route available if needed.

For authorised nominating authorities

Authorised nominating authorities are central to the security of payment system in Western Australia, and most of the disputes Christopher determines reach him through their nominations. He is listed on the WA Building and Energy public register as both an adjudicator and a review adjudicator, has determined more than 180 adjudications, and welcomes nomination to determine adjudication applications - including complex commercial and high-end residential matters where a dual-qualified solicitor and architect adds genuine value.

If you are a nominating authority looking to appoint an experienced adjudicator for a WA matter, whether a routine progress-claim dispute or one that turns on specialist valuation or design questions, please get in touch to discuss availability.

Why appoint Christopher as adjudicator

Registered WA adjudicator and review adjudicator

Registered under the Building and Construction Industry (Security of Payment) Act 2021 (WA) as both an adjudicator and a review adjudicator, and registered in four other jurisdictions. His WA registration is listed on the Building and Energy public register, so an appointment on your WA project, by nomination or by naming, is on solid, verifiable footing.

Solicitor and architect

A dual-qualified solicitor and registered architect. Payment disputes turn on the value of building work, and Christopher reads them as both a lawyer and a builder of contracts.

Deep WA project experience

Extensive experience on Western Australian commercial and residential projects, from Perth's western suburbs to regional and resources-linked work, means the built context is understood, not guessed at.

Genuine independence

Whether nominated by an authorised nominating authority or named by agreement of both parties, an impartial adjudicator whose neutrality and natural-justice obligations are the same either way.

Commercial and residential projects

The WA security of payment regime applies to construction contracts generally. Christopher accepts appointment as an adjudicator, by nomination or by naming, on both commercial and residential Western Australian projects.

Commercial construction

Commercial, civil and mixed-use projects where progress payments, variations and delay claims can escalate. Whether nominated or named, an experienced adjudicator gives principal and contractor confidence in how a dispute is resolved.

High-end residential

Architect-designed and premium homes across Perth and Western Australia, where the value of the work and the specification make disputes complex. Christopher's architect's eye is directly relevant to valuing the build.

Serving Western Australian projects

Available to act as an adjudicator on construction disputes across Perth and Western Australia, with particular experience in the state’s commercial and premium residential markets.

Perth metro

Commercial and multi-residential work across the Perth metropolitan area, where progress-claim and variation disputes are the everyday currency of a payment fight, resolved through the security of payment regime.

Western suburbs

Dalkeith, Cottesloe, Peppermint Grove and the riverside and coastal western suburbs, where high-spec, architect-designed homes make the value of the work, and the disputes about it, genuinely complex.

Regional & resources WA

Regional centres and resources-linked construction across the state, where remoteness and program pressure raise the stakes on payment, and a prompt determination keeps projects moving.

Common questions

What is an independent adjudicator?

An independent adjudicator is a neutral, registered decision-maker who determines a construction payment dispute quickly and on an interim basis, outside of court. Under security of payment legislation the adjudicator values the work in dispute and decides how much is payable, typically within about 10 business days of appointment. The determination is binding on a 'pay now, argue later' basis, so cash keeps flowing while final rights are preserved.

How is an adjudicator appointed in Western Australia?

For most disputes, a claimant applies to an authorised nominating authority (ANA), which then appoints a registered adjudicator. That nominating-authority route is the usual and appropriate path, and it is what the great majority of applications use. Western Australia also allows a second route for particular projects: if the construction contract names an adjudicator, the application can be made directly to that named adjudicator. Both routes sit within the same statutory framework under the WA Act.

When is naming an adjudicator in the contract appropriate, rather than using a nominating authority?

Naming an adjudicator is the exception, not the norm. It tends to suit particular situations: major or bespoke contracts negotiated by well-advised parties who want to agree their decision-maker up front; disputes likely to turn on specialist valuation or design questions where specific expertise matters; and long-term programmes or alliances where continuity of a single, trusted neutral is valuable. For most everyday payment claims, especially straightforward subcontractor claims where speed and simplicity are the priority, applying to a nominating authority is the sensible route.

Can you name your own adjudicator in a Western Australian construction contract?

Yes. The Building and Construction Industry (Security of Payment) Act 2021 (WA) allows a construction contract to name the adjudicator who will determine any future adjudication application. This is a genuine feature of the WA regime and is not available in the same way in the eastern states. It does not displace the nominating authorities: where a contract does not name an adjudicator, or the named adjudicator is unavailable or conflicted, the application goes to an ANA in the usual way. Naming simply gives the parties the option to agree their adjudicator in advance where that makes sense.

Do you also accept nominations from authorised nominating authorities?

Yes, and gladly. Christopher is a registered adjudicator on the WA register and welcomes nomination by authorised nominating authorities to determine adjudication applications. The nominating authorities perform a vital role in the security of payment system, and most of the disputes Christopher determines come to him through them. Being available to be named in a contract is an addition to that, for the narrow set of projects where it fits, not a substitute for it.

Does this apply to both commercial and residential projects in WA?

Yes. The WA security of payment regime applies to construction contracts generally, covering commercial, civil and residential building work. Christopher accepts appointment as an adjudicator on both commercial and residential Western Australian projects, whether nominated by an authorised nominating authority or named in the contract, drawing on deep experience across the WA market.

What makes Christopher suited to act as an independent adjudicator?

Christopher Larcos is a registered security of payment adjudicator in Western Australia (and four other jurisdictions), a registered WA review adjudicator, a solicitor, and a registered architect with more than 40 years in construction. He has determined more than 180 adjudications, including matters that have been the subject of judicial-review proceedings in the Supreme Court of New South Wales, the New South Wales Court of Appeal, and the Supreme Court of the Australian Capital Territory. That dual qualification is rare: he understands both the legal framework governing adjudication and the practical building issues - progress claims, variations, defects, delay - that sit underneath most payment disputes.

How would we name Christopher as the adjudicator in our contract?

It is a short, specific clause identifying Christopher Larcos as the adjudicator to determine any adjudication application under the contract. Christopher can help you and the other party settle appropriate wording as part of drafting or reviewing the contract, so the appointment is clear and effective under the WA Act, and so the fallback to a nominating authority is preserved if he is ever unavailable or conflicted. Get in touch to discuss the clause and confirm availability.

Find an experienced WA adjudicator

Whether you are a party or adviser weighing how a future dispute should be handled, or a nominating authority looking to appoint an adjudicator for a WA matter, get in touch to discuss availability and the right route for the project.

Credentials

  • Registered adjudicator in WA, NSW, VIC, SA and the ACT
  • Registered review adjudicator in Western Australia
  • 180+ adjudications determined
  • Dual-qualified solicitor and registered architect
  • 40+ years in the construction industry
  • Fellow of the Australian Institute of Architects (FRAIA)
  • Former NSW & Queensland Editor, Building & Construction Law Journal