Questions

The check takes a couple of minutes. The claim form is longer: have the job details, the builder's details and your amounts to hand. Once you've paid, you download the claim and serve it on the builder yourself.

s13, payment claims

No. The check walks your job through the Act's conditions first. The form then works out the dates in NSW business days and puts what the Act asks for into your claim.

s13(2)

Never. You pay a flat fee per claim and keep what you recover.

Pricing terms

CLAIMD covers the NSW Security of Payment Act only. If your job was in another state, the check will tell you, and nothing is charged.

Jurisdictional scope

No. CLAIMD is document preparation software. We don't provide legal advice. Your individual claim is generated from the information you provide and is not individually reviewed by a lawyer.

Not legal advice

The Building and Construction Industry Security of Payment Act 1999 (NSW) gives subcontractors and tradies a legal way to chase unpaid invoices without going to court first. Once you serve a valid payment claim, the builder has a set number of business days to respond with a payment schedule. It doesn't guarantee payment. It gives you a proper legal pathway to pursue what you're owed.

s3

Most construction trades and suppliers are covered: scaffolders, electricians, plumbers, concreters, carpenters, roofers, painters, tilers, HVAC, earthmovers, steel fabricators, plasterers, glaziers, labour hire and materials suppliers. Residential work for a homeowner who lives in, or plans to live in, the home has its own rules, and CLAIMD doesn't do those claims.

s7

Yes. The Act covers written and verbal construction contracts. Some written evidence, like texts, emails or an accepted quote, makes it harder for the builder to dispute.

s7

Commercial, investment and multi-unit work is generally covered. Residential work for a homeowner who lives in, or plans to live in, the home has its own rules, and CLAIMD doesn't do those claims.

Product scope

Generally up to 12 months after the construction work in the claim was last carried out, or longer if your Construction Contract allows. If any of the work in the claim was done in the last 12 months, older work can be included. If your Construction Contract has been terminated, you can still serve a payment claim on or after the date it was terminated.

s13(1C), s13(4)

Yes. The payment claim process is separate from a dispute about work quality. If the builder disputes quality, they have to say so in their payment schedule, with reasons.

s14

10 business days from receiving your payment claim to serve a payment schedule, or less if your contract says so.

s14(4)

If the claim was valid and properly served, and the builder serves no payment schedule in time and doesn't pay, the claimed amount can become a debt you can recover. Options can include court judgment or adjudication. Specific conditions apply, so check your situation before acting.

s14(4), s15

Pay when paid clauses have no effect under the SOP Act. The builder's obligation to pay you doesn't depend on whether they have been paid.

s12

No. A payment schedule has to be in writing. Ask the builder to put it in an email or letter. Until a written payment schedule arrives, the 10 business day clock keeps running.

s14

It depends on whether their written response is a valid payment schedule. Get the commitment in writing and keep it.

s14(2)

You have 10 business days from receiving their payment schedule to apply for adjudication on the disputed amount. Miss that and you lose adjudication, though other paths remain.

s17(3)(c)

Not straight away. The Act may give a right to suspend work after a written notice of intention to suspend and the notice period. The conditions need checking against your situation first.

s15(2)(b), s19

Generally not. You can't suspend work that's complete. For finished work the usual paths are court judgment, adjudication, or a statutory demand.

s15(2)(b)

If the builder is a company and owes you more than $4,000, a statutory demand under the Corporations Act gives them 21 days to pay or formally dispute it. This needs a lawyer.

Corporations Act s459E