Skip to content
Construction Lawyer logo Construction Lawyer Sydney · NSW

Security of Payment Claims

Get paid faster. We help builders, contractors and subcontractors recover unpaid progress payments under the Building and Construction Industry Security of Payment Act 1999 (NSW).

Your statutory right to be paid

If you carry out construction work or supply related goods and services in New South Wales, the Security of Payment Act gives you a statutory right to progress payments - regardless of what your contract says. This is a powerful, deadline-driven regime designed to keep cash flowing down the contracting chain.

The trade-off is that the Act runs on strict timeframes. Miss a deadline to serve a payment claim, provide a payment schedule, or lodge an adjudication application, and you can lose valuable rights. That is why fast, specialist advice matters.

Payment claims and payment schedules

We prepare payment claims that comply with the Act, and we help respondents prepare payment schedules in response. Getting the form, content and timing right is critical - a defective claim or a late schedule can be fatal to your position.

Adjudication

Where a payment dispute is not resolved, the Act provides a rapid adjudication process. An independent adjudicator determines how much is payable, usually within weeks. We run adjudication applications and responses end to end, including the supporting submissions and evidence that win determinations.

Once you have an adjudication determination in your favour, we can help you enforce it - including obtaining an adjudication certificate and pursuing recovery.

How we can help

  • Preparing and serving compliant payment claims
  • Responding with payment schedules within time
  • Adjudication applications and responses
  • Enforcing adjudication determinations
  • Suspending work for non-payment under the Act
  • Advising on jurisdictional issues and defences

Talk to a Sydney construction lawyer today

Get clear, practical advice on your construction matter. Book a confidential, no-obligation initial consultation.