Guide
What Is a Payment Claim Under the Security of Payment Act?
The document that starts the clock on your right to be paid — what it needs to include and when you can serve one.
A payment claim is a formal document that identifies the work and states the amount owed, and serving a valid one starts the statutory clock on the other side's obligation to respond. You can generally serve one once a reference date arises under your contract — typically monthly — though missing or ambiguous details are a common reason claims get challenged.
A payment claim is a formal document served under the Building and Construction Industry Security of Payment Act 1999 (NSW) that sets out the amount you say you're owed for construction work or related goods and services, and identifies the work it relates to.
Serving a valid payment claim starts the statutory clock: the other side then has a strict window to respond with a payment schedule, or they risk becoming liable for the full claimed amount.
What it needs to include
A payment claim must identify the construction work (or goods and services) it relates to and state the amount claimed. It must also be clear that it's made under the Act. Missing or ambiguous details are one of the most common reasons a claim gets challenged.
When you can serve one
You can generally serve a payment claim once a reference date arises under your contract — typically monthly, or as set out in your specific agreement.
If you're unsure whether your situation qualifies, call us for a free, no-obligation review.