Building & Construction Industry Security Of Payments Act
Powerful Legislation
For Construction Debt Recovery

Security Of Payments Act ACT – Making a Claim

Building & Construction Industry Security Of Payment Act 2009

Making A Claim Under The Act

For a payment claim to be valid and effective under the Act the following details must be included, correct and complete:

Reference Date:

This is the date which both parties have agreed is the date on which (or after) the Payment Claim can be lodged for the preceding months work. If there is no date agreed it defaults to the last day of the month. You can only make one claim per Reference date.

Entity Details:

Both of the entities details that have contracted must be complete and correct inclusive of ABN and ACN numbers

Project Details:

Name of the project if there is one and or a brief  description of the project and the project site address.

Identifying the construction work:

As briefly as possible but correctly and comprehensively itemise the work, goods or services for which you are claiming payment for.

Calculating the Amount:

It will either be as set out in the contract, or, if it is not set out in the contract you must show how you have calculated the total amount claimed.

Due Date For Payment:

(1) A progress payment under a construction contract becomes due and payable:

(a) on the date on which the payment becomes due and payable in accordance with the terms of the contract, or

(b) if the contract makes no express provision with respect to the matter, on the date occurring 10 business days after a payment claim is received by the respondent.

Serving the Claim:

Any notice that by or under this Act is authorised or required to be served on a person may be served on the person:

(a) by delivering it to the person personally, or

(b) by lodging it during normal office hours at the person’s ordinary place of business, or

(c) by sending it by post or facsimile addressed to the person’s ordinary place of business, or

(d) in such other manner as may be prescribed by the regulations for the purposes of this section, or

(e) in such other manner as may be provided under the construction contract concerned.

(2) Service of a notice that is sent to a person’s ordinary place of business, as referred to in subsection (1) (c), is taken to have been effected when the notice is received at that place.

(3) The provisions of this section are in addition to, and do not limit or exclude, the provisions of any other law with respect to the service of notices.