Guide · updated November 2026

How to make a payment claim in NSW

The NSW Security of Payment Act gives subcontractors a fast route to payment, if the claim is right and the deadlines are hit.

The rules at a glance

Act	Building and Construction Industry Security of Payment Act 1999 (NSW)
When you can claim	On or after each reference date: the date in the contract, or the last day of each month. One claim per reference date. Only for work done in the last 12 months.
Statement to include	"This is a payment claim made under the Building and Construction Industry Security of Payment Act 1999 (NSW)."
Payment schedule	The respondent has 10 business days after receiving the claim (or less if the contract says) to give a payment schedule. With no schedule, they become liable for the whole claimed amount.
Payment due	Subcontractors: payment is due no later than 20 business days after the claim is made (10 for related exempt residential work). Head contractors claiming from a principal: 15 business days. An earlier contract date applies.
Adjudication	Disputed schedule: 10 business days after you receive it. Scheduled amount unpaid: 20 business days after the due date. With no schedule and no payment by the due date, you can sue for the claimed amount as a debt, or apply for adjudication. Apply within about 10 business days after the schedule was due (check the Act, s 17).
Suspending work	Give a written notice of intention to suspend that states it's given under the Act. You may suspend 2 business days after giving it, until 3 business days after you're paid.

Step by step

Make the claim on time. On or after each reference date: the date in the contract, or the last day of each month. One claim per reference date. Only for work done in the last 12 months.
Include the required content. Identify the work, state the amount and request payment, and include: "This is a payment claim made under the Building and Construction Industry Security of Payment Act 1999 (NSW)."
Serve it properly and keep proof. Use the address for notices in the contract. The actual date of service decides the deadlines.
Watch for a payment schedule. The respondent has 10 business days after receiving the claim (or less if the contract says) to give a payment schedule. With no schedule, they become liable for the whole claimed amount.
Act fast if you're not paid. Adjudication deadlines are short and strict. Missing one by a day can end your right to adjudicate that claim.

Sources: NSW Government: Making a payment claim · NSW legislation: SOP Act 1999

Owed money on a job right now?

Work out every deadline free, then build a valid payment claim and the full recovery pack (reminders, suspension notice, adjudication submissions) in about 15 minutes.

Make a payment claim Free deadline calculator

Common questions

How long does a builder have to respond to a payment claim in NSW?

10 business days after receiving it, or less if the contract says. If no payment schedule is given, they become liable for the full claimed amount.

When must a subcontractor be paid in NSW?

No later than 20 business days after the claim is made, unless the contract says earlier.

More: Victoria's 2026 Security of Payment reforms: what changed for payment claims · How to make a payment claim in Queensland (BIF Act) · Builder won't pay? The 5-step playbook for subcontractors · Payment schedule deadline calculator · Suspending work for non-payment: the notice · Applying for adjudication: a subcontractor's guide · Payment claim template: what a valid claim needs