Notice · Construction & Infrastructure

Security of payment: payment claim (NSW base, with Victorian, Queensland, NZ and UK variants)

Payment claim under the NSW Building and Construction Industry Security of Payment Act 1999, with the statutory content, a schedule of work, service details and the timing rules, plus variants for Victoria, Queensland, NZ and the UK.

Kind
Notice. A formal notice to serve or publish.
Where it applies
New South Wales, Victoria, Queensland, New Zealand, United Kingdom (England and Wales)
AI use
Red Keep AI out of the decisive steps. A lawyer does the work.
Law stated as at
17 October 2026
Status
Maintained. Checked against the cited sources on 17 October 2026.
Version
1
Source
Written for this library

When to use it

Use when a contractor, subcontractor or supplier claims a progress payment for construction work or related goods and services in NSW. Check the governing State first: content and timing differ in every jurisdiction.

How AI may be used

Lawyer-led for the statutory form and timing. AI may compile the schedule of work and amounts from progress records, but a lawyer confirms the governing Act, service date, content and supporting statement before the claim is served.

AI may

  • Compile the schedule of work, variations and amounts from progress records, with each line linked to its source.
  • Check that the claim states it is made under the Act and identifies the work and the claimed amount.
  • Calculate candidate dates (earliest service date, due date) for the lawyer to confirm.

AI must not

  • Must not decide which State's Act applies or whether the contract is excluded.
  • Must not complete or sign the head contractor's supporting statement.
  • Must not serve the claim or fix the service method.

The lawyer checks

  • Governing Act and any exclusion (for example, residential work for an owner-occupier) confirmed.
  • Service is on or after the earliest permitted date and within the latest date.
  • Only one claim per named month (NSW) or reference date (Qld), unless the contract allows more.
  • Supporting statement in the approved form attached where a head contractor claims from the principal.

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Official form

Open the official form. Always use the current version from the issuer.

Read the full text

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