Security Of Payments Act
The purpose of this website is to provide assistance to people and businesses who need to :
Make A Claim
Apply For Adjudication
Enforce A Judgement
Defend A Claim
The Security Of Payments Act Is a Fast 3 Step Process
“The object of the Security Of Payments Act is to ensure that any person who undertakes to carry out construction work (or who undertakes to supply related goods and services) under a construction contract is entitled to receive, and is able to recover, progress payments in relation to the carrying out of that work and the supplying of those goods and services.”
This site provides a comprehensive Building & Construction Industry Security Of Payments Act guide to assist you in determining where you are at in the process and what is your next step.
The Security Of Payments Act is state based legislation.
Making a claim under the Building & Construction Industry Security Of Payment Act legislation for the state where the construction project that you worked on is located, and known as the Building Industry Fairness Act (BIFA) in Queensland, starts with serving a valid payment claim.
Use the Online Claim Form button above, to the right, or below to commence the process that will lead to adjudication and a fast enforceable judgement.
The Building & Construction Industry Security Of Payments Act legislation that applies is determined by which state the construction project for which the works were carried out, or for which related goods and services were provided, is located.
The Building & Construction Industry Security Of Payments Act legislation provides for a payment dispute resolution that is controlled by strict time frames and processes. Unlike traditional debt recovery and litigation the timeframes and costs are predictable and reliable.
Click on the state below, in which the construction project is located, for information about the Security Of Payments Act regulations that apply to your claim.
Understand what the Security of Payment Act legislation (laws) is, isn’t, and what it can do for you
- Insurance for non-payment
- A sentence you put on your invoice that guarantees payment
- A government department
- A free debt recovery service
- Easy to ignore if you owe money to a subcontractor, consultant, or supplier
- A fast track to a court judgment
- Purpose built legislation (laws) for the building & construction industry
- The most cost effective way to resolve a payment dispute
- Successful for 94% of claimants (NSW Govt statistic)
Until you have a court judgment against your debtor they can ignore your demands for payment indefinitely
What SOPA can do for you:
- Give you the right to claim for work, services, materials delivered
- Give you the right to enter a judgment in court if your claim is ignored
- Give you the right to have a disputed claim determined fairly by a government authorised adjudicator
- Give you the right to stop work without breaching a contract
- Help you get paid for all variations you have carried out
- Help you challenge back charges
- Help you claim retentions
- Help you dispute allegations that your work is defective
Time Limits For Claiming Under The Security Of Payment Act
Payment Claims must be served within the following time frames of last carrying out construction work or supplying related goods and services:
Victoria – 3 Months
Queensland & South Australia – 6 Months
New South Wales & Australian Capital Territory & Tasmania – 12 Months