Guide · updated November 2026
Victoria's 2026 Security of Payment reforms: what changed for payment claims
Victoria rewrote its Security of Payment Act from 15 April 2026. For subcontractors it's the biggest improvement in 20 years.
The rules at a glance
| Act | Building and Construction Industry Security of Payment Act 2002 (Vic) |
| When you can claim | From 15 April 2026: one claim per calendar month for each month you work (reference dates are abolished). The last claim can be up to 6 months after practical completion. Latent conditions, delay costs and extensions of time are no longer excluded amounts. |
| Statement to include | "This is a payment claim made under the Building and Construction Industry Security of Payment Act 2002 (Vic)." |
| Payment schedule | The respondent generally has 10 business days (or less under the contract) to give a payment schedule with reasons for withholding. Since 15 April 2026, they can't raise new reasons in adjudication that weren't in the schedule. |
| Payment due | From 15 April 2026, payment terms can't be later than 20 business days after the claim is served. If the contract is silent, payment is due 10 business days after the earliest date the claim could be served. |
| Adjudication | Disputed schedule: 10 business days after you receive it. Scheduled amount unpaid: 10 business days after the due date. With no schedule, you must first give the respondent written notice of your intention to apply for adjudication, which gives them a short final chance to respond, before you apply. Check the Act and your nominating authority for the exact steps. |
| Suspending work | You can suspend work after giving written notice of your intention to do so (commonly 3 business days). Confirm against the Act before suspending. |
Step by step
- Make the claim on time. From 15 April 2026: one claim per calendar month for each month you work (reference dates are abolished). The last claim can be up to 6 months after practical completion. Latent conditions, delay costs and extensions of time are no longer excluded amounts.
- 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 2002 (Vic)."
- 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 generally has 10 business days (or less under the contract) to give a payment schedule with reasons for withholding. Since 15 April 2026, they can't raise new reasons in adjudication that weren't in the schedule.
- 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: HWL Ebsworth: Victoria's 2026 SOP reforms · Hamilton Locke: the Victorian amendments · VBA: Security of payment
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 calculatorCommon questions
Are excluded amounts still a thing in Victoria?
No. From 15 April 2026 the excluded amounts regime was abolished, so claims for latent conditions, delay costs and extensions of time can be included.
How often can I claim in Victoria?
Once per calendar month for each month you work, from the end of the first month. Reference dates were abolished.
More: How to make a payment claim in NSW · 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