Protecting your payment rights
What is a payment claim
A payment claim is a written request for payment and may be an invoice. A contractor can give a payment claim to an individual or a company that owes them money for the construction work or related goods and services under a construction contract.
A payment claim must be:
- in writing
- identify the work or goods and services to which the claim relates
- state the amount owed, and
- request payment of the amount owed.
If you are still owed money from a previous payment claim, you can include that amount in your next payment claim if it is under the same contract.
When you issue a payment claim, the person owing you the payment (the respondent) must give you a payment schedule or pay the claimed amount (in full) within the required timeframe.
When to give a payment claim
You are entitled to give a payment claim for completed work or goods and services, starting from each reference date under the contract.
If you have contract terms that specify on what days or dates you can make a payment claim, then you should follow these terms. If you do not have a contract or your contract does not say when you can make a payment claim, the Building Industry Fairness (Security of Payment) Act 2017 provides default reference dates.