Security of payment legislation exists for one reason: subcontractors were going unpaid while the work was already done and the money was somewhere further up the chain. Every state and territory now has a regime designed to get a decision quickly, without going to court.
It works. It is also unforgiving about deadlines, and it is the deadlines rather than the merits that sink most claims.
How the process runs
The shape is similar everywhere, even though the detail differs:
- You serve a payment claim. A document that identifies the work and the amount claimed, served on the party who owes you.
- They serve a payment schedule. Their response, setting out what they propose to pay and, critically, their reasons for any amount they are withholding.
- If you are unhappy with the response, or get none, you can apply for adjudication. An independent adjudicator decides, on the documents, within a short timeframe.
- The determination is enforceable. It is an interim decision rather than a final ruling on the contract, but the money moves.
The part that gives the process its teeth
If the other party does not serve a payment schedule within the time allowed, they generally lose the ability to argue about the amount. They become liable for the full amount claimed.
That is why these regimes work. It also cuts both ways, so if you are on the receiving end of a claim, an ignored payment claim is an expensive way to find out how the legislation operates.
Timeframes differ by state, and they matter
This is where claims are lost. The windows are not the same across the country, and they are counted in business days.
| NSW | QLD | VIC | |
| Time to serve a payment claim after the work | 12 months | 6 months | 6 months |
| Time to respond with a payment schedule | 10 business days | 15 business days | 10 business days |
| Time to apply for adjudication | 10 business days | 30 business days | 10 business days |
Victoria’s claim window changed recently. Reforms under the Building Legislation Amendment (Fairer Payments on Jobsites and Other Matters) Act 2025 commenced on 15 April 2026 and extended it from three months to six. Older articles still quote three.
The other states and territories each have their own Act, and their own numbers. Do not assume the state you are working in matches the state you are based in.
What makes a claim hold up
The documents you can produce decide this, and they need to have existed before the dispute started:
- What was agreed, in writing. Scope, rates, and the payment structure.
- Variations, approved at the time. Verbal approval for extra work is the single most common thing to fall apart under scrutiny.
- Evidence the work was done. Dated photos, site records, sign-off.
- Your invoices and when they were served. Service dates matter, because the clock runs from them.
Reconstructing this after a dispute begins is difficult and unconvincing. Having it already assembled changes the negotiation before adjudication is even needed, which is usually the better outcome.
Keeping the record without the effort
On Workforce Marketplace, scope, quotes, variations, messages, photos and sign-off stay attached to the job record rather than spread across texts and email. Payment runs through Stripe against that same record.
The point is not that it prevents disputes. It is that when one happens, the evidence of what was agreed already exists and is dated.
This article is general information, not legal advice. Security of payment legislation differs in every state and territory, the timeframes above are a summary rather than a complete statement of the law, and they change. Deadlines are strict and missing one can end a claim. Check the Act that applies to your job and get advice from a construction lawyer before serving or responding to a claim.
