Service
Payment Claims
A payment claim is the trigger for everything else under the Security of Payment Act. Get it right and you protect your right to be paid fast — get it wrong, and you can lose that right entirely.
What a payment claim actually does
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.
We prepare and serve payment claims for head contractors, subcontractors and suppliers, making sure each one meets the Act's requirements so it can't be knocked out on a technicality.
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. The claim must clearly identify the construction work or goods and services to which it relates and state the amount claimed. Missing or ambiguous details are one of the most common reasons a claim gets challenged.
What we handle
We review your contract to confirm reference dates and entitlements, prepare a claim that stands up to scrutiny, and make sure it's served correctly and on time. If the other side fails to respond or under-pays, we're ready to move straight to adjudication or recovery action.
Track record
We've prepared and served payment claims across the payment chain — for subcontractors chasing progress payments, suppliers owed for materials, and head contractors managing claims from multiple trades. Every matter is personally overseen, not handed off to a rotating cast of junior staff.
What happens if they don't respond to my payment claim?
If no payment schedule is provided within the required timeframe, the respondent becomes liable to pay the full claimed amount, and you can recover it as a debt or move to adjudication.
Can I serve a payment claim on any project?
The Act covers most construction work and related goods and services in NSW, with some exclusions. We can confirm quickly whether your contract is covered.
How often can I claim?
Generally once per reference date under your contract, which is usually monthly — though this depends on your specific agreement.
Why claimants and respondents choose Archer Lawyers
You deal with the lawyer running your matter, not a call centre.
We do not refer work out. Our team sees matters through.
Straightforward guidance on your payment claim, without unnecessary jargon.
Your lawyer
Who handles your payment claim
Matthew Armota
Matthew Armota is the Principal of Archer Lawyers, bringing a depth of experience gained across boutique, national and international law firms to every matter he handles. He has acted for head contractors and subcontractors in multiple adjudication applications and responses under the Building and Construction Industry Security of Payment Act 1999, with a very high success rate.
“Known for pairing sharp technical skill with clear, commercially-minded advice clients can actually act on.”
What's included, and what we work toward
What's included
Outcomes we work toward
Get your free Payment Claims review
Free. No obligation. Tell us a little about your situation and we'll call you back — usually the same business day.
Call direct — fastest option
(02) 9127 6656 · Mon–Fri, 8am–6pm AEST
“I approached Matt to represent me in proceedings involving defects and payment claims. He achieved an excellent outcome on my behalf. I was very pleased with his strategic guidance throughout the matter.”