You’ve done the work. The invoice is overdue. And you’re sitting there wondering how to ask for your money without looking like you’re about to lose the job next time around.
It’s a tight spot. In construction, relationships matter. But so does cash flow—especially when you’re a subcontractor or small tradie trying to keep the lights on. The trick is finding a middle ground: being professional and firm about money owed, while not torching a relationship that might bring repeat work.
Here’s how to handle it.
Know Where You Stand Legally First
Before you send a single email, understand your rights. Australia has Security of Payment legislation in every state, and these laws exist specifically to protect you. Depending on where you’re working:
- NSW: Security of Payment Act 1999 gives you the right to serve a payment claim and get fast-track adjudication within tight timeframes.
- Queensland: Building Industry Fairness (Portable Long Service Leave) Act 2012 and the equivalent Security of Payment scheme.
- Victoria: Security of Payment Act 2002 provides similar protections.
- Other states: WA, SA, and ACT all have their own frameworks.
These laws exist because builders sitting on invoices is a chronic problem. You’re not asking for a favour when you chase payment—you’re exercising a legal right. That mindset shift matters. It means you can be confident and direct in your emails without feeling like you’re being unreasonable.
The First Email: Professional but Clear
Your first follow-up email should assume good faith. Maybe the invoice got lost. Maybe it’s in the wrong queue. Don’t accuse; just clarify.
Here’s a structure that works:
- Reference the specific invoice (date, number, amount).
- Note the due date that has now passed.
- Ask for a clear response: payment date, or if there’s a problem, what it is.
- Offer to discuss if needed.
- Set a reasonable follow-up deadline (5–7 business days).
Example: “Hi [name], just following up on invoice #12345 for $8,500, due on [date]. We haven’t received payment yet. Can you confirm when this will be processed, or let me know if there’s an issue I should know about? I’m happy to jump on a call if needed. Otherwise, I’ll assume payment is coming through by [date]. Cheers.”
Short, respectful, but zero ambiguity. You’re not asking permission to be paid—you’re asking for a timeline.
The Second and Third Emails: Escalate Your Tone Gradually
If the first email gets no response or a vague non-answer, your second email should be slightly firmer. This is where you start documenting the pattern.
“Hi [name], this is my second follow-up on invoice #12345 (now [X] days overdue). Payment was due on [date]. I need to resolve this quickly. Please confirm payment within 5 business days or advise what’s blocking this. If I don’t hear back, I’ll need to escalate this formally.”
That last sentence matters. It signals you’re willing to take action if they don’t respond. Many builders will shift gears once they understand you’re serious.
If you get a third non-response or brush-off, your tone shifts again: “This invoice is now [X] days overdue. I’ve requested payment twice. I need payment by [specific date], or I’ll be lodging a formal payment claim under the [relevant state] Security of Payment Act.”
Don’t threaten lightly—but do follow through if needed. Once a builder knows you’ll actually file a payment claim, the conversation often changes quickly. Many debtors choose to pay or settle rather than face fast-track adjudication, because adjudication costs time and money and creates a formal record.
Practical Rules for Every Email
Keep it in writing. Emails, messages, texts—all create a paper trail. Phone calls feel friendly but they’re useless if things escalate. Always follow a phone call with an email confirming what was discussed.
Stay factual, drop emotion. “The invoice is overdue and I need payment” works. “You’re ripping me off and I can’t believe you’re ignoring me” doesn’t. The first one looks professional in court; the second makes you look unstable.
Copy the right person. If you’ve been emailing the site manager and getting nowhere, find the head contractor’s finance person or director. A polite email to the decision-maker often works better than a tenth email to the wrong person.
Offer a solution if there’s a real problem. If the builder tells you there’s a dispute about workmanship or scope, take it seriously. Offer to inspect, send photos, or discuss. But make clear: disputes don’t justify indefinite non-payment. You can sort the dispute and process payment for the undisputed amount.
When to Stop Emailing and Take Action
There’s a point where more emails are just noise. If you’ve sent two or three clear, dated requests with no response or payment, it’s time to escalate formally. Most states allow you to serve a payment claim under Security of Payment legislation without needing a lawyer first. The process is straightforward and costs less than most people think.
Serving a payment claim does mark a line in the sand—but that’s the point. It tells the builder: this is serious, and I’m willing to enforce my rights. Often that’s what shifts things.
The Bottom Line
Chasing payment feels awkward when you depend on the builder for future work. But remember: a builder who won’t pay you on time is not worth the risk of future work. A good builder will respect you for being professional and firm about money owed.
Email with clarity, set deadlines, document everything, and don’t hesitate to escalate if they ignore you. That’s not burning the relationship—that’s protecting your business.
Ready to prepare your own payment claim?
PayClaim helps Australian tradies and subcontractors prepare a Security of Payment Act payment claim online. Flat $79. No subscription. No big debt-collector commission. PayClaim is not a law firm and does not guarantee any outcome.
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.