Under State and Territory laws, your payment claim may be valid if it includes the following: Payment Claim must: New South Wales ACT Victoria Tasmania South Australia Queensland Western Australia Northern Territory Current legislation – Building Industry Fairness (Security of Payment) Act 2017 (in absence of contractual terms) (in absence of contractual terms) Identify construction work (or related goods and services) to which it relates Indicate / specify monetary amount claimed Be served on person, who is or may be liable to make payment State that it is made under the Act Only if it is connected with an exempt residential construction contract Be the first payment claim in respect of a reference date under the contract Be in writing Be addressed to person to whom it is served State the name of the claimant the date of the claim Itemise & describe the obligations that contractor has performed in sufficient detail Be signed by the claimant Head contractor must provide a supporting statement with payment claim State and Territory laws provide timeframes for submitting a claim and being paid:
New South Wales ACT Tasmania Victoria South Australia Queensland Current legislation – Building Industry Fairness (Security of Payment) Act 2017 Western Australia Northern Territory Timeframe for submission of payment claim Later of: period prescribed by the contract; or 12 months period after the construction work to which the claim relates was last carried out. Later of: period prescribed by the contract; or 3 month period after the reference date. Later of: period prescribed by the contract; or 6 months period after the construction work to which the claim relates was last carried out. Progress payment – within the longest of the following periods: as per contractual or within 6 months of construction work to which claim relates being last carried out (or related goods and services were last supplied). payment – within the longest of the following periods: as per contractual terms; or 28 days after the end of the last defects liability period for the contract; or 6 months after completion of all construction work to be carried out (or related goods and services to be supplied). As per contractual terms; or In the absence of contractual terms, any time after the contractor has performed any of its obligations. New South Wales ACT Tasmania Victoria South Australia Queensland Current legislation – Building Industry Fairness (Security of Payment) Act 2017 Western Australia Northern Territory Timeframes for claimants to be paid are: Earlier of : 30 business days after a payment claim is made; or date prescribed by contract. Date prescribed by the contract; or if no date is prescribed the contract, 10 business days after a payment claim is made. Date prescribed by the contract; or if no date is prescribed under the contract, 15 business days after a payment claim is made. As per contractual terms (unless void under the QBCC Act or a 'pay when paid' provision); or If no (or void) contractual terms, then 10 business days after the day the payment claim is made. As per contractual (but cannot be more than 42 days after the payment is claimed); or Within 28 days of receiving a payment claim if it has not been disputed. As per contractual terms (but cannot be more than 50 days after the payment is claimed); or Within 28 days of receiving a payment claim if it has not been disputed.
State and Territory laws provide timeframes for respondents to dispute a payment claim by issuing a payment schedule/notice of dispute: New South Wales (Payment Schedule) ACT (Payment Schedule) Victoria (Payment Schedule) Tasmania (Payment Schedule) South Australia (Payment Schedule) Queensland (Payment Schedule) Current legislation – Building Industry Fairness (Security of Payment) Act 2017 Western Australia (Notice of Dispute) Northern Territory (Notice of Dispute) Timeframe for submission of payment schedule / notice of dispute Earlier of: time required by the contract; or 10 business days after the payment claim is served. Earlier of: time required by the contract; or 10 business days after a payment claim is served. the claim relates to a residential structure, later of: time required by the contract; or 20 business days after a payment claim is served. Earlier of: time required by the contract; or 15 business days after the payment claim is served. The shorter of the following periods: If the contract is written, as per contractual terms; or The period that is 25 business days after the day the payment claim is given to the respondent. As per contractual or In absence of contractual terms, within 14 days after the payment claim is served. Under State and Territory laws, payment schedules / notices of dispute may be valid if they include the following: Payment Schedule / Notice of Dispute must: New South Wales (Payment Schedule) ACT (Payment Schedule) Victoria (Payment Schedule) Tasmania (Payment Schedule) South Australia (Payment Schedule) Queensland (Payment Schedule) Western Australia (in absence of contractual terms) Northern Territory (in absence of contractual terms) Current legislation – Building Industry Fairness (Security of Payment) Act 2017 Identify payment claim to which it relates Indicate / state amount of payment the respondent proposes to make Reason why payment is & why money is being withheld (if applicable) Identify amount of claim which is an excluded amount
State and Territory laws provide consequences for respondents failing to provide a payment schedule / notice of dispute within time: New South Wales (Payment Schedule) ACT (Payment Schedule) Victoria (Payment Schedule) Tasmania (Payment Schedule) South Australia (Payment Schedule) Queensland (Payment Schedule) Current legislation – Building Industry Fairness (Security of Payment) Act 2017 Western Australia (Notice of Dispute) Northern Territory (Notice of Dispute) Respondent is liable to pay the entire amount claimed on the due date for payment