Security of Payment
Security of Payment Lawyer
Strategic advice on payment claims, payment schedules, and adjudication across NSW, Victoria, Queensland, Western Australia, South Australia, and the ACT, from a lawyer who is also a registered adjudicator
Each Australian state and territory has security of payment legislation that provides statutory progress-payment rights and a rapid adjudication process. The availability and operation of those rights depend on the applicable Act, the contract, the work and compliance with the statutory process.
Christopher Larcos is a registered adjudicator under security of payment legislation in New South Wales, Victoria, South Australia, Western Australia, and the Australian Capital Territory. Because Christopher determines adjudication applications himself, his advice to claimants and respondents is grounded in how adjudicators actually assess claims.
Christopher’s security of payment advice covers the full lifecycle of a payment dispute: from initial assessment of rights and obligations, through payment claim preparation or payment schedule response, to pre-adjudication strategy. Whether the project is in Sydney, Melbourne, Brisbane, Perth, Adelaide, or Canberra, he advises on the applicable legislation and the practical considerations that affect outcomes.
Each state’s security of payment Act differs materially in its requirements: time limits, service methods, valuation methodologies, and available defences vary from jurisdiction to jurisdiction. Advice that is correct in NSW may be wrong in Victoria or Queensland. Specialist advice must account for these differences.
Security of Payment Advisory Services
Strategic advice for claimants and respondents across all stages of the security of payment process in every Australian jurisdiction.
Payment Claim Strategy
Strategic advice on the preparation and service of payment claims under security of payment legislation in NSW, Victoria, Queensland, Western Australia, South Australia, and the ACT, including checks directed to validity, service requirements, and recovery strategy.
Payment Schedule & Response
Advisory for respondents receiving payment claims, preparing payment schedules that preserve rights, raise legitimate withholding reasons, and position the respondent properly should the matter proceed to adjudication.
Adjudication Strategy
Pre-adjudication strategic advice drawing on Christopher's direct experience as an adjudicator in NSW, Victoria, South Australia, Western Australia, and the ACT. Understanding how adjudicators assess applications informs better claim preparation.
Rights & Obligations Assessment
Assessment of rights and obligations under the applicable security of payment Act, including whether a payment claim is valid, whether time limits have been met, and what remedies are available in Sydney, Melbourne, Brisbane, Perth, Adelaide, or Canberra.
How Does the Security of Payment Process Run?
The sequence is broadly recognisable across Australia, but the legal test and deadline at every stage come from the Act governing the project. The applicable requirements must be checked rather than carried across from another jurisdiction.
Assess the governing Act
Identify the project jurisdiction, the contract and the parties, then test whether the work, services and claimant fall within the applicable security of payment legislation.
Prepare and serve the claim
State the claimed amount and construction work with the content the Act requires, assemble the supporting valuation and use a permitted service method that can be proved later.
Assess the claim
Check validity, contractual entitlement, work completed, valuation and the records supporting any alleged defect, set-off or other reason for withholding payment.
Serve the payment schedule
If the claim is disputed, state the scheduled amount and every withholding reason the governing Act permits, then serve the schedule within that Act’s timeframe and method.
Test the adjudication pathway
For an unpaid or disputed claim, determine whether adjudication is available and whether any required notice, waiting period, deadline or jurisdiction-specific precondition has been met.
Prepare the next step
Depending on the position, that may be payment, focused negotiation, an adjudication application or response, or another recovery or dispute-resolution route under the Act and contract.
Security of Payment Legislation by State
Each Australian state and territory has its own security of payment Act. While they share the purpose of supporting prompt payment for construction work, the detail varies significantly. Time limits, service requirements, and available defences differ from one jurisdiction to the next.
New South Wales (Sydney)
Building and Construction Industry Security of Payment Act 1999 (NSW)
Victoria (Melbourne)
Building and Construction Industry Security of Payment Act 2002 (Vic)
Queensland (Brisbane)
Building Industry Fairness (Security of Payment) Act 2017 (Qld)
Western Australia (Perth)
Building and Construction Industry (Security of Payment) Act 2021 (WA)
South Australia (Adelaide)
Building and Construction Industry Security of Payment Act 2009 (SA)
ACT (Canberra)
Building and Construction Industry (Security of Payment) Act 2009 (ACT)
Tasmania (Hobart)
Building and Construction Industry Security of Payment Act 2009 (Tas)
Northern Territory (Darwin)
Construction Contracts (Security of Payments) Act 2004 (NT)
What Should Claimants and Respondents Do Next?
Both sides should identify the governing Act immediately, preserve the project record and work from the deadline that applies to their own position.
Claimant next actions
Establish the statutory and contractual entitlement before deciding how to frame or advance the claim.
- Confirm the correct Act, claimed work and available entitlement
- Collect the contract, claim calculations, site records and proof of service
- If payment is withheld, test the notice and timing requirements for adjudication or another recovery step
Respondent next actions
Treat receipt as a live statutory event and preserve every reason that may properly affect the scheduled amount.
- Record when and how the claim arrived, then identify the applicable response deadline
- Assess valuation, scope, variations, defects and contractual set-offs against the available evidence
- Serve a payment schedule that addresses the applicable content, timing and service requirements, states all permitted withholding reasons, and prepares the response for payment, negotiation or adjudication
Who Benefits from Security of Payment Advice?
Builders and subcontractors owed money for construction work
Head contractors responding to payment claims from subcontractors
Owners who have received a payment claim under the Act
Parties considering whether to proceed to adjudication
Claimants preparing adjudication applications in Sydney, Melbourne, Brisbane, or Perth
Respondents preparing adjudication responses across any Australian jurisdiction
Keep reading
Progress payments
How contract payment machinery, claims and schedules operate during a project.
Progress payment adviceConstruction adjudication
The statutory determination pathway for an eligible disputed or unpaid claim.
Construction adjudication servicesDispute resolution
Other routes where adjudication is unavailable or the dispute needs a final resolution.
Construction dispute resolutionNeed Security of Payment Advice?
Whether you’re preparing a payment claim, responding to one, or weighing up whether adjudication is the right path, get in touch for strategic advice grounded in direct adjudication experience.
Common questions
What does security of payment legislation do?
It provides a rapid statutory process for claiming and recovering payment for construction work, including a pathway to adjudication when a payment claim is disputed or unpaid.
How should a respondent answer a payment claim?
A payment schedule should identify and preserve legitimate reasons for withholding payment while meeting the strict content, service and timing requirements of the applicable state or territory Act.
When can a payment dispute proceed to adjudication?
A disputed or unpaid payment claim may proceed to statutory adjudication if the steps and deadlines under the governing legislation are met.
Are security of payment rules the same in every state?
No. Time limits, service methods, valuation rules and available responses differ materially between Australian jurisdictions, so the governing Act must be checked for each matter.
Specialist Credentials
- Registered adjudicator in NSW, VIC, SA, WA, and ACT
- Dual-qualified solicitor and registered architect
- 40+ years in the construction industry
- Fellow of the Australian Institute of Architects (FRAIA)
- Former NSW & Queensland Editor, Building & Construction Law Journal