Application of principal contractor provisions

Harmonised jurisdictions

Under the harmonised legislation, the provisions relating to a principal contractor only apply to a ‘construction project’ which is defined as a project that involves construction work with a value equal to or exceeding $250,000.

Victoria

A principal contractor is required to be appointed where the cost of a construction project is $350,000 or more and where the contract to perform the construction work was entered into on or after 1 July

2014 (or $250,000 or more where the construction contract for the project was entered into before 1 July 2014).

Western Australia

The WA regime uses the concept of a ‘main contractor’. A main contractor is:

• someone for whose direct benefit the work is done; or
• a person engaged by the person referred to above to cause the construction work to be done but is not an employee.