The Timeline From Claim to Payment
One of the biggest advantages of the Security of Payment Act is speed. Compared to court proceedings, which can take 1–3 years, the SOP Act process is designed to be resolved in weeks. Here’s a realistic timeline.
Week 1–2: Payment Claim Served
You serve your payment claim on the head contractor. The 10-business-day response window begins immediately. If the contractor pays within this window (which many do simply upon receiving a formal payment claim), the matter is resolved in 2 weeks or less.
Week 2–3: The Response Window
The respondent must serve a payment schedule by the end of business day 10. If they pay in full, the matter ends here. If they serve a schedule disputing some or all of the amount, the adjudication process begins.
Week 3–4: Adjudication Application
If the respondent doesn’t respond or disputes the amount, you lodge an adjudication application. PayClaim auto-generates this application. It must be lodged within 20 business days of the expiry of the payment schedule period.
Week 4–5: Adjudication Response
The respondent has 5 business days to lodge an adjudication response. If they failed to serve a payment schedule, their ability to raise new defences is limited.
Week 5–7: The Determination
The adjudicator determines the application, typically within 10 business days. A determination is binding on both parties.
Week 7–8: Payment
The adjudicator will specify a date for payment (usually within 5 business days of the determination). If the respondent doesn’t pay, the determination can be filed as a court judgment and enforced immediately.
Best Case vs Realistic Case
| Scenario | Timeframe |
|---|---|
| Contractor pays on receipt of claim | 1–2 weeks |
| Contractor pays after payment schedule | 2–3 weeks |
| Full adjudication, no disputes | 4–6 weeks |
| Disputed adjudication, complex matter | 6–10 weeks |
Compare this to court proceedings: 12–36 months for a contested matter. The SOP Act is, by a significant margin, the fastest legal mechanism available to Australian subcontractors.
Information on this page is general only and does not take account of your individual circumstances. PayClaim prepares and serves payment claim documents based on the information you provide. PayClaim is not a law firm and does not provide legal advice, adjudication representation, debt collection or court enforcement. Payment outcomes are not guaranteed.