Guide · Security of payment

You did the work.
Now get paid for it.

Security of payment laws give a person who carries out construction work a fast, statutory right to progress payments. They run on short, strict deadlines, and the party that follows the process tends to win by default. This is general information, not legal advice, and the Acts differ by state, so confirm the current Act for your state and get advice on a specific dispute.

Written by Brad Caldon, Founder, VIABUILD. Licensed builder (NSW) · Registered Building Practitioner (Class 1 to 9) · B.Construction Management (Hons)

01 / The basics

In plain English

Every state and territory has its own security of payment legislation. The detail differs, but the purpose is the same: to keep cash moving down the contracting chain so the people who actually carry out the work are not left financing a job while they wait to be paid. Broadly, anyone who carries out construction work, or supplies related goods and services, has a statutory right to a progress payment, and a fast process to enforce it.

The core mechanism is a sequence, and the deadlines are the whole game:

  • Payment claim. The party owed money serves a payment claim that identifies the work and the amount claimed. On most jobs this is your progress claim, made in the form the Act requires.
  • Payment schedule. The party who receives the claim must respond with a payment schedule within a set period, stating what they propose to pay and why they are withholding the rest. Miss that window and, in most schemes, they lose the right to dispute the claim and the full claimed amount becomes payable.
  • Adjudication. If the claim is unpaid or short-paid, the claimant can refer it to an independent adjudicator who makes a quick determination. That determination is enforceable as a debt without going to court.

The reason the process favours the organised party is simple. The Acts set short deadlines and attach hard consequences to missing them. A respondent who does not serve a payment schedule on time can forfeit the right to argue the amount. A claimant who lets the claim window lapse can lose the entitlement for that period. The law does not reward who is right in the abstract; it rewards who followed the process and kept the dates.

Does it apply to residential building work?

This is the part residential builders get wrong most often. In several states, a contract made directly with a homeowner who lives in, or intends to live in, the home is excluded from the security of payment scheme. Where that exclusion applies, these laws matter most for subcontractors down the chain, and for commercial or multi-dwelling work, rather than for the head contract with an owner-occupier. The exact wording and reach of the exclusion vary by state, so confirm how your state’s Act treats owner-occupier contracts before you rely on it either way.

None of this is legal advice. The Acts, the forms and the timeframes differ across jurisdictions and change over time. Use this as a map of how the process works, then confirm the current Act for the state the work is in, and get advice on any live dispute.

02 / The reality

Where builders get stuck

An invoice that isn’t a payment claim

A plain invoice may not trigger your statutory rights. If a claim does not meet the form the Act requires, you can lose the deadline protections that make the scheme worth using.

Missing the payment schedule deadline

As the party receiving a claim, not serving a payment schedule in time can cost you the right to dispute the amount. The clock starts when the claim is served, not when you get around to it.

Letting the claim window lapse

As the party owed money, each reference period has a window to claim in. Miss it and you can forfeit the entitlement for that period, even though the work was done.

Vague claims

A claim that does not clearly identify the work and the amount is easy to dispute and harder to adjudicate. Loose claims weaken a strong position.

Assuming residential work is covered

Where a state excludes owner-occupier contracts, relying on the scheme against a homeowner can leave you with no statutory shortcut. Know whether the exclusion applies before you plan around it.

Treating adjudication as a last resort

Builders often wait until a relationship has collapsed before adjudicating. By then time and money have been lost. Adjudication is a fast tool, and using it early is part of normal cash discipline.

03 / The fix

A workflow that holds up

  1. 01

    Know which Act applies

    Security of payment is governed by the state or territory the work is performed in. Confirm the current Act and its forms for that jurisdiction before the first claim goes out.

  2. 02

    Make every progress claim a compliant claim

    Set up your progress claims so they meet the form the Act requires and clearly identify the work and amount. A compliant claim is what unlocks the deadline protections.

  3. 03

    Diarise every deadline

    The response and claim windows are short and counted from service. Put the dates in the schedule the moment a claim is sent or received, so a missed day never decides a dispute.

  4. 04

    Respond to claims you receive, on time

    When you are the one receiving a claim, serve a payment schedule within the statutory period even when you intend to pay in full. Silence can be read as agreement to the whole amount.

  5. 05

    Adjudicate early when short-paid

    If a claim is unpaid or short-paid without a valid schedule, refer it to adjudication rather than letting it drift. The process is built to be fast; use it while the records are fresh.

  6. 06

    Keep records that prove the work and the dates

    Adjudication turns on what was claimed, what was scheduled and when each was served. Keep the claims, schedules, site records and dates in one place so the timeline is never in doubt.

04 / The tooling

How software helps

Security of payment is a deadline-and-documentation discipline more than a legal one. The builders who use it well are not necessarily the ones with the best lawyers, they are the ones whose claims go out on time, in the right form, with the work and the dates clearly recorded. That is an administrative habit, and it is exactly the kind of habit that slips when the office is busy.

Software helps by making the claim itself accurate and the trail automatic. When progress claims are tied to stages with dates, when cost tracking keeps the numbers behind a claim current, and when claims push through to your accounting as invoices, you have a dated record of what was claimed and when. That record is what an adjudicator looks at, and it is what stops a missed deadline from deciding the outcome. It does not replace legal advice on a specific dispute, and it does not make a claim compliant on its own, but it removes the administrative gaps the scheme punishes.

05 / In practice

Where VIABUILD fits

VIABUILD keeps your claims dated, accurate and on the record.

VIABUILD’s progress claims are stage-based, tracked against what has been built, and timestamped, so every claim leaves a dated trail rather than living in an inbox. The numbers behind a claim stay current through cost tracking, and approved claims push to Xero as invoices without rekeying.

That gives you the documentation the scheme runs on: what was claimed, against what work, on what date. VIABUILD does not provide legal advice or guarantee a claim complies with your state’s Act, so confirm the form and timeframes for your jurisdiction and get advice on any live dispute.

  • Stage-based progress claims, tied to real work
  • A dated record of what was claimed and when
  • Claim figures kept current by cost tracking
  • One-click push to Xero as invoices
  • Records in one place for the timeline
  • Not legal advice; confirm your state’s Act
See progress claims

06 / FAQ

Common questions.

Security of payment refers to the legislation in each Australian state and territory that gives a person who carries out construction work, or supplies related goods and services, a statutory right to progress payments and a fast process to enforce them. The process runs on payment claims, payment schedules and adjudication, with short deadlines at each step. This is general information, not legal advice.

Generally, a party who has carried out construction work or supplied related goods and services under a construction contract can serve a payment claim for a progress payment. The exact definitions and any exclusions are set by the Act in the relevant state or territory, so confirm the current Act for where the work is performed.

Under most of the schemes, a party who receives a payment claim and does not serve a payment schedule within the statutory period can lose the right to dispute the claim, and the full claimed amount can become payable. That is why the response deadline is treated as non-negotiable, and why you serve a schedule even when you intend to pay in full. Confirm the specific consequence under your state’s Act.

Not always. In several states a contract made directly with a homeowner who lives in, or intends to live in, the home is excluded from the scheme, so the laws often matter most for subcontractors and for commercial or multi-dwelling work. The wording and reach of the exclusion vary, so confirm how your state’s Act treats owner-occupier contracts before relying on it.

No. Adjudication is a fast, lower-cost process where an independent adjudicator makes a determination on a payment dispute, usually within a short statutory timeframe. The determination is enforceable as a debt, but it is an interim process focused on cash flow, not a final ruling on all the contractual rights, which can still be resolved later in court or arbitration.

About the author

Brad Caldon

Founder, VIABUILD

Brad Caldon is the founder of VIABUILD and a builder and property developer with nearly two decades across residential construction and development. He holds a NSW Home Builder Licence, is a Registered Building Practitioner across Class 1 to Class 9 buildings, and holds a Bachelor of Construction Management (Building) (Honours) from the University of Newcastle.

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