Glaziers and the Security of Payment Act — What You Need to Know

If you’re a glazier waiting for payment from a builder or head contractor, you might feel powerless. The money’s owed, the work’s done, but the cheque hasn’t arrived. The good news: you have legal rights under Australia’s Security of Payment legislation, and the process to enforce them is faster and cheaper than traditional court action.

This guide covers what glaziers need to know about the Security of Payment Act in your state, and what practical steps you can take when payment is overdue.

What is the Security of Payment Act?

The Security of Payment Act exists in every Australian state and territory. It’s designed to stop head contractors and builders from holding onto money owed to subcontractors indefinitely. The Act gives you a statutory right to lodge a payment claim and, if the claim isn’t paid or properly disputed, to pursue fast-track adjudication.

In New South Wales, it’s the Building and Construction Industry Security of Payment Act 1999. Queensland has the Building Industry Fairness (Security of Payment) Act 2017. Victoria uses the Building and Construction Industry Security of Payment Act 2002. Each state’s version is slightly different in timing and process, but the principle is the same: you can force a quick decision on what’s owed without waiting months for a court case.

The Act applies to most construction work in Australia—including glazing and glass work—as long as you’re contracted to supply labour, materials, or both.

Your Rights as a Glazier Under the Act

Here’s what the Security of Payment Act gives you:

1. The right to serve a payment claim — You can formally claim payment for work done or materials supplied. This must be in writing and include specific details (amount, work description, dates).
2. A statutory deadline for response — The head contractor or builder has a set time (usually 10 business days under NSW; varies by state) to either pay or issue a payment schedule explaining what they’ll pay and when.
3. Access to adjudication — If they don’t pay and don’t serve a proper payment schedule, you can apply to an independent adjudicator to determine what’s due. This process takes weeks, not months or years.
4. Protection from termination — In most states, a head contractor can’t legally sack you or blacklist you simply for making a payment claim.

These rights exist whether you’re a sole trader, a small glazing company, or a larger subcontractor. The Act doesn’t care about your business size—only that you’ve done the work.

The Practical Steps: From Claim to Outcome

When payment is overdue, here’s the typical sequence:

Step 1: Serve a payment claim. Write or email a formal claim to the head contractor or builder. Include the amount owed, dates of work, invoice number, and a clear description of what you’ve supplied or installed. Keep it factual and professional. This starts the statutory clock.

Step 2: Wait for their response. They have 10 business days (NSW) to either pay or issue a payment schedule. A payment schedule is their written explanation of what they’ll pay, what they’re withholding, and when payment will come. If it’s a genuine dispute about quality or scope, they can withhold funds—but they must explain why, in writing, within the deadline.

Step 3: Decide your next move. If they pay, you’re done. If they issue a payment schedule you accept, wait for that date. If they ignore you completely or serve an unreasonable payment schedule, you can apply for adjudication.

Step 4: Apply for adjudication (if needed). An independent adjudicator reviews both sides and makes a binding decision on what’s owed. You can file a payment claim through PayClaim, which automates the paperwork and guides you through the process. The adjudication itself takes 2–4 weeks, depending on the state and complexity.

Once the adjudicator decides, the head contractor must pay within 5 business days (NSW) or face further action.

What Stops the Act From Working?

The Security of Payment Act is powerful, but it has limits. Here are situations where it won’t help:

• Your claim is outside the Act. If you’re not a subcontractor supplying work or materials to a construction project, the Act doesn’t apply. (E.g., if you’re a retailer selling frames to the public, you’re out of scope.)
• You miss the claim deadline. In most states, you must serve a payment claim within a set time of completing work or reaching a contractual claim date. Miss that, and you’ve lost your statutory right.
• You didn’t include the required details. A vague or incomplete claim can be rejected. You need dates, amounts, descriptions, and a clear reference to the contract or work.
• The head contractor issues a valid payment schedule. If they explain what they’re paying, what they’re withholding, and why, the Act is satisfied. You then have to decide whether to accept it or dispute it further.

In short: the Act is a tool for getting a fast, binding decision on a payment dispute. It’s not a magic wand that guarantees payment no matter what. But it does shift the power balance back toward you, because a head contractor can’t simply ignore you and hope you go away.

Getting Started

If you’re owed money for glazing work, don’t sit on it. The sooner you act, the sooner you get clarity. Check your state’s specific SOP Act timelines, gather your invoices and work records, and prepare your claim. If you want to streamline the paperwork, PayClaim handles the documentation at a flat fee of AUD $79.

Your work is worth paying for. The Security of Payment Act exists because Australian lawmakers agreed. Use it.