Serve a payment withholding request or subcontractors' charge to reach money held upstream
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Complete the approved form's particulars from the subcontract and the payment records, build the schedule of work and amounts claimed, and check the claim date against the statutory window. The supporting statutory declaration and the qualified person's certificate are the client's and the certifier's own, and the tool writes nothing into them.
- What the lawyer must review
- Confirm money is still owing up the chain, confirm the window has not closed, and advise the client what electing this remedy costs them before it is served.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Complete the approved form's particulars from the subcontract and the payment records, build the schedule of work and amounts claimed, and check the claim date against the statutory window. The supporting statutory declaration and the qualified person's certificate are the client's and the certifier's own, and the tool writes nothing into them. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm the instructions, the jurisdiction and the complete relevant material before starting.
- Confirm money is still owing up the chain, confirm the window has not closed, and advise the client what electing this remedy costs them before it is served.
- Check the output against the source documents named in it before it is relied on.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Covering letter to a principal contractor serving a payment withholding request (NSW) | Letter | AI use Yellow | Letter from a subcontractor's lawyers enclosing a payment withholding request under s 26A of the NSW Security of Payment Act: explains the principal contractor's duty to retain money, the 10-business-day notice if it owes nothing, joint liability for paying out, and when the duty ends. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- https://www.nsw.gov.au/housing-and-construction/compliance-and-regulation/security-of-payment/making-a-payment-withholding-request · 2026-09-27
- https://www.qbcc.qld.gov.au/complaints-disputes/payment-contract/commercial-payment-dispute/subcontractors-charges · 2026-09-27
- https://www.legislation.qld.gov.au/view/html/inforce/current/act-2017-043 · 2026-09-27
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.