How Subcontractors Can Claim Unpaid Work | PayClaim

How Subcontractors Can Claim Unpaid Work

If you’ve completed construction work and haven’t been paid, you have a clear legal pathway to recover your money. Australia’s Security of Payment laws give subcontractors a fast, structured process to claim unpaid work — without needing lawyers or going to court. Here’s exactly how it works.

Step 1: Confirm You Have a Valid Claim

To make a Security of Payment claim, you generally need to have:

  • A construction contract (written or, in some states, oral) for work in Australia
  • Performed construction work or supplied related goods and services under that contract
  • An entitlement to a progress payment that has not been paid
  • Be within the applicable timeframe for making a claim in your state

Construction work is broadly defined — it covers building, civil, electrical, plumbing, demolition, landscaping, fit-out, and many related services. If you worked on a construction site and aren’t being paid, you almost certainly qualify.

Step 2: Prepare Your Payment Claim

A payment claim under the Security of Payment Act is not just a regular invoice. It must:

  • Be in writing and identify the construction work it relates to
  • State the amount claimed
  • In most states, include a statement that it is made under the relevant Security of Payment Act
  • Be served on the correct party (usually the head contractor or principal)

Getting the payment claim right is critical — an invalid payment claim may not trigger your legal rights. PayClaim prepares all payment claims professionally to ensure they meet the legal requirements of the relevant state’s Act.

Step 3: Serve the Payment Claim

Service must be done correctly. Common methods include:

  • Personal service on the head contractor
  • Service at the head contractor’s business address
  • Registered post or email (where allowed by the Act or contract)

The date of service is important — it starts the clock on the head contractor’s 10–15 business day response deadline.

Step 4: Wait for the Payment Schedule

After receiving your payment claim, the head contractor has a set number of business days to issue a payment schedule. If they don’t:

  • The full claimed amount becomes a legal debt owed to you
  • You can apply for adjudication or go directly to court

Step 5: Apply for Adjudication (if needed)

If a payment schedule is issued disputing your claim, lodge your adjudication application within the required timeframe (typically 10 business days). The adjudicator reviews both sides and delivers a binding determination, usually within 10 business days.

How PayClaim Handles It All for You

  1. Start online: Five-minute claim form
  2. We prepare and serve your payment claim
  3. We manage adjudication if needed
  4. You get paid — typically within 10–20 business days

Flat fee. No lawyers. No stress. Start your free claim today.

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