Concreters: Three Tactics That Beat Slow-Paying Builders

You’ve poured the slab, finished the surface, cleaned up the site. The builder says the cheque’s in the mail. Two weeks later, it isn’t. Two months later, you’re still waiting.

This happens to concreters all the time. And it shouldn’t. You’ve done the work. You deserve to be paid. The good news: you have more power than you think—and Australia’s Security of Payment laws are built to help you use it.

Tactic 1: Get Your Payment Claim in Writing, Fast

The first thing most concreters don’t realise is that a verbal agreement or an invoice isn’t enough. Under the Security of Payment Acts in every state—the NSW SOP Act 1999, QLD BIF Act 2017, VIC SOP Act 2002, and their equivalents elsewhere—you have a legal right to lodge a formal payment claim.

Here’s the key: timing matters. Don’t wait. As soon as work is complete (or at a contractual milestone), send a proper payment claim. This isn’t a demand letter or a threat. It’s a formal notification that triggers a statutory process.

What happens next is precise and time-bound:

1. You issue a payment claim with details of work done, dates, and amount owing
2. The builder (the head contractor or respondent) has a set number of business days to respond—usually 10 business days under most state acts, though this varies
3. If they don’t respond, or dispute the claim, the clock is ticking for your next move
4. You can then apply for fast-track adjudication, a quick dispute resolution process that bypasses courts

The point: a formal payment claim creates an enforceable record. It shows intent and knowledge. Many builders change behaviour the moment they receive one, because they understand you’re serious and because the law now applies.

Don’t guess about the format or content. File a payment claim properly—it takes an afternoon and removes excuses.

Tactic 2: Use Adjudication Before Court

If the builder ignores your payment claim or disputes it unfairly, you don’t need a lawyer or the courts. You can apply for fast-track adjudication.

Adjudication is fast, cheap, and designed for tradies. Here’s why it works:

• Speed. Most adjudications are resolved within 4 weeks. Courts take years.
• Cost. Filing fees are typically under AUD 500. Lawyers are optional, not mandatory.
• Bias towards payment. Adjudicators are trained in construction law and understand that workers must be paid on time. The burden is on the builder to prove you don’t deserve payment—not the other way around.
• Enforcement. Once an adjudication decision is issued, it’s enforceable immediately. The builder can appeal, but they usually have to pay first while the appeal proceeds.

The statutory framework is clear. Under the NSW SOP Act 1999 (and mirrored in other states), an adjudicator must determine a payment dispute within tight timeframes. You don’t need perfect paperwork—just evidence that work was done and what you’re owed.

The psychological effect is also real. Many builders settle or negotiate seriously once adjudication is on the table. It signals you’re willing to follow through.

Tactic 3: Document Everything Now, Not Later

The strongest payment claim is one backed by evidence. You can’t rely on memory when you’re arguing the value of work months later.

Start today, even if you’re not in a dispute yet:

• Photos. Take images of work at each stage—site setup, formwork, pouring, finishing, completion. Include date stamps.
• Daybooks. Write down crew numbers, hours, materials used, and weather or delays. One line per day is enough.
• Emails. Confirm instructions and changes in writing. “Hi [builder], confirming we’ll pour on Friday the 14th at 6 a.m.—two crews, 50 cubic metres. Total cost: AUD 12,000 + GST.”
• Invoices with detail. Don’t send a single-line invoice for AUD 5,000. Break it down: materials, labour, equipment hire, date range, and scope. This makes disputes harder to sustain.
• Contracts or quotes. Even an email saying “OK, I can do the slab for AUD 8,500” is better than nothing.

When you lodge a payment claim, this paper trail (and digital trail) is your evidence. Builders can’t argue they didn’t know what they were paying for. Adjudicators make decisions on what’s documented.

Why This Matters Right Now

Construction is slow. Cash flow is tighter than ever. You can’t afford to wait three months for a cheque while paying your crew and suppliers on time. It’s not fair, and the law doesn’t expect you to.

A formal payment claim costs you an afternoon and a small fee. Adjudication, if needed, costs less than a week of unpaid labour. Courts cost ten times that. So the logical step is to start with the legal tools built for your situation.

Concreters are professionals. You show up on time, you do the job right, and you move on to the next site. Builders should do the same—and when they don’t, you have leverage they often underestimate.

Get organised now. File your claims properly. Know your rights under your state’s Security of Payment Act. And don’t wait six months hoping a cheque arrives. Three weeks in, send a formal payment claim. The law is on your side.

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