Security of Payment Claim Australia: Cost and Your Options

If you have done construction or building work and have not been paid, the Security of Payment
laws give you a fast, statutory way to recover progress payments — often quicker and cheaper than court. But the
deadlines are strict and short, and they differ by state, so you need to act quickly. You have three real options:
serve your own claim, have one drafted for a flat $49, or use a lawyer. This page sets out what
each costs and how the process works.

First: is this the right tool, and act fast

Security of Payment is for construction work and related goods and services under a construction
contract. Every state and territory has its own Act — for example the Building and Construction Industry Security of
Payment Act 1999 in New South Wales, the 2002 Act in Victoria, and the Building Industry Fairness (Security of
Payment) Act 2017 in Queensland — with equivalent Acts elsewhere. The timeframes to serve a claim and to take the
next step are strict and short, and they differ by state, so check your state’s Act and move
quickly: a late or defective claim can lose the right.

How a Security of Payment claim works

1. You serve a payment claim for the amount you are owed.
2. The other party can serve a payment schedule saying what, if anything, they will pay and why.
3. If they do not pay the claimed amount and do not serve a schedule in time, you can recover the amount as a
   debt, or apply for adjudication — a fast, independent decision by an adjudicator —
   to have the amount determined and enforced.

Your three options, compared by type

1. Serve your own claim and use adjudication (lower cost)

You prepare and serve your own payment claim, and if you are not paid, apply for adjudication or recover the amount
as a debt. The process is designed to be used without a lawyer.

• Cost: no court filing fee to serve a payment claim; adjudication has an adjudicator’s fee, but
  the process is faster and cheaper than court and does not require a lawyer.
• Good for: a clear amount owed under a construction contract where you are comfortable with the
  forms and the deadlines.
• Trade-offs: the claim must comply with your state’s Act, and the timeframes are unforgiving —
  a claim that is late, served the wrong way, or missing a required detail can fail on a technicality.

2. Payment claim drafted — Claim Done ($49 flat)

You answer a few plain-English questions about the contract and the work. Claim Done drafts a statutory payment
claim under your state’s Security of Payment Act from your answers — the contract, the work done, the amount claimed,
and the statutory wording the claim needs. You read it and approve it before it is sent.

• Cost: a flat $49, shown before you pay. No subscription. Email delivery is
  free; registered post, signed for on delivery, is $29 extra.
• Exact deliverable: a finished, ready-to-serve statutory payment claim under your state’s Act,
  drafted from your facts, with the amount and the required wording.
• Turnaround: usually ready about five minutes after you finish the questions — which matters
  against a short deadline.
• What you supply: who owes you, the contract and the work, the amount, and the key dates.
• What happens after you approve it: the payment claim is served on the other party. If they do
  not pay or serve a schedule in time, your next step is adjudication or recovering the amount as a debt.
• Good for: subcontractors and contractors who want a compliant payment claim done correctly and
  fast, without paying lawyer rates, and who will handle adjudication themselves if needed.

3. Lawyer or construction specialist (quote-based)

A construction lawyer or a specialist adjudication service can prepare the claim, run the adjudication, and advise
on strategy.

• Cost: quoted, usually hourly or a fixed fee for the claim; ask for the terms in writing first.
• Good for: a large or complex claim, a disputed contract, or where you expect a fight at
  adjudication.
• Trade-offs: the highest cost; for a straightforward amount a compliant payment claim and
  self-run adjudication is often enough.

Which should you choose?

If the amount is clear and you are comfortable with the forms and the strict deadlines, serving your own claim and
using adjudication keeps costs low. If you want a compliant payment claim drafted correctly and fast against a short
deadline, the $49 option is the middle path. For a large or hard-fought claim, a construction lawyer is worth it. In
every case, check your state’s Act and act quickly.

What a payment claim is — and is not

A Security of Payment claim is a statutory demand for a progress payment for construction work, which starts a fast
process backed by adjudication. It is not an ordinary letter of demand or a court claim, and it only applies to
construction work under a construction contract. Its power comes from the strict statutory timeframes — which is also
why getting the claim and the timing right matters.

Where Claim Done fits

Claim Done is a document drafting service, not a law firm, and does not give legal advice. It drafts your statutory
payment claim under your state’s Act from your answers for a flat $49, you approve it before it is served, and it does
not run the adjudication or act for you.
Start your Security of Payment claim.

Frequently asked questions