Bricklayers and Cash Flow: Avoiding the Slow-Pay Trap

You’ve finished the job. The brickwork is solid. The invoice went out weeks ago. And the money still hasn’t hit your account.

If you’re a bricklayer, plasterer, concretor, or any other subcontractor in Australia, you know this feeling. Slow pay from head contractors and builders isn’t just annoying—it’s a threat to your business. It pushes out payroll, delays material orders, and puts stress on every relationship you have with your suppliers.

The good news is you’re not powerless. Australian security of payment laws exist specifically to stop this. And they work faster than you might think.

Why Slow Pay Happens (and Why It Matters)

Cash flow is everything in construction. You buy materials upfront. You pay your crew. You do the work. Then you wait—sometimes months—for the head contractor to pay you, usually because they’re waiting to be paid by the developer or principal.

This creates a chain reaction. Your suppliers get impatient. Your team questions whether they’ll get paid on time. Your own bills pile up. You end up extending credit you can’t afford to extend, just to keep the job moving.

Many small builders and tradies operate on 5–10% margins. A 30-day delay in payment can wipe out your profit on that job entirely. A 60-day delay means you’re working at a loss.

The worst part? This delay often has nothing to do with your work quality. It’s a cash flow problem at the top of the chain, and it rolls downhill to you.

What the Law Says (and What It Protects)

Every Australian state and territory has a Security of Payment Act. They all work roughly the same way:

1. You submit a payment claim – a formal written request for payment, usually for work completed in a specified period.
2. The other party must respond within a set timeframe – typically 10 business days. They either pay you or give you a “payment schedule” explaining what they’re paying and when.
3. If they don’t respond or don’t pay – you can apply for fast-track adjudication, which is a quick, binding decision from an independent adjudicator.

The Acts vary slightly by state:

• NSW: Security of Payment Act 1999 – 10 business days to respond, adjudication within 10–14 days.
• Queensland: Building Industry Fairness (Security of Payment) Act 2017 – 10 business days to respond.
• Victoria: Security of Payment Act 2002 – 10 business days to respond.
• Western Australia: Construction Contracts Act 2004 – 7 business days to respond.
• South Australia: Construction Contracts Act 2003 – 10 business days to respond.
• Tasmania: Security of Payment Act 2009 – 10 business days to respond.
• ACT: Security of Payment Act 2009 – 10 business days to respond.
• NT: Security of Payment Act 2009 – 10 business days to respond.

The key strength of these laws: they force a response. The other party can’t just ignore you and hope you go away. And adjudication is genuinely fast—weeks, not months.

The Payment Claim: Your First Real Step

Most disputes never get to adjudication. The moment you lodge a formal payment claim under the SOP Act, things change. It becomes official. It signals you’re serious. And it starts the clock ticking on the other party’s obligations.

A payment claim isn’t a casual email or a phone call. It’s a structured document that includes:

• Details of the work performed (or materials supplied).
• The period the claim covers.
• The amount claimed.
• A statement that it’s made under the relevant state’s SOP Act.

Many tradies don’t lodge formal claims at all. They send invoices instead. An invoice is a commercial document. A payment claim is a legal one. The difference matters.

Once a payment claim is lodged, the head contractor or builder has a legal obligation to respond within the statutory timeframe—usually 10 business days. If they don’t pay and don’t provide a payment schedule, you can move to fast-track adjudication. And many debtors choose to pay or settle rather than face that process, because it’s public, binding, and puts their credibility at risk.

You can file a payment claim yourself, or use a service to help you get it right the first time. Either way, the key is actually doing it—in writing, under the Act.

Protecting Your Cash Flow Going Forward

Prevention is cheaper than cure. Here’s what works:

1. Get it in writing from the start. A contract or project agreement that sets out payment terms, retention amounts, and what triggers a payment claim. It doesn’t have to be fancy; it just has to be clear.
2. Invoice on time, every time. Don’t wait until the end of the job to claim for work done weeks ago. Most SOP Acts allow you to claim for work completed in a specific period. Use that window.
3. Track your dates. When did you do the work? When did you send the invoice? When did you lodge the payment claim? These dates matter in adjudication.
4. Escalate early. If payment is 14 days overdue, follow up in writing. If it’s 21 days overdue, lodge a formal payment claim. Don’t wait three months hoping they’ll remember you.

Small changes to your process add up. They signal to head contractors that you know your rights and you’ll enforce them. That changes behaviour.

The Bottom Line

You’re not a bank. You shouldn’t have to finance your head contractor’s cash flow problems. The SOP Acts exist because Parliament recognised this exact issue. They’re not perfect, but they shift power back to the tradie.

If you’re owed money and you’ve been waiting more than a few weeks, a formal payment claim under your state’s security of payment legislation is your next move. It costs almost nothing compared to what you’re owed, and it works.

Stop waiting. Start protecting your business.