Serving a Payment Claim in Queensland — The Rules
Queensland operates under the Building Industry Fairness (Security of Payment) Act 2017 (the BIF Act). If you’re a subcontractor in Queensland who is owed money for construction work, here is exactly what you need to do to serve a valid payment claim.
Step 1: Identify Your Reference Date
In Queensland, your right to serve a payment claim arises from a reference date. Under the BIF Act, the reference date is typically the last day of the month in which construction work was carried out, or another date specified in your contract.
You can only serve one payment claim per reference date. If you miss a reference date, wait for the next one at the end of the following month.
Step 2: Prepare Your Payment Claim
A valid payment claim in QLD must:
- Identify the construction work or goods and services to which it relates
- State the amount claimed
- Include the statutory statement: “This is a payment claim made under the Building Industry Fairness (Security of Payment) Act 2017.”
- Be in writing
The statutory statement is critical. Without it, your claim is not a valid payment claim under the Act and you lose all the protections the Act provides.
Step 3: Serve the Payment Claim
Service must be made to the respondent — typically the head contractor or principal. Acceptable methods of service include:
- Email to an email address the respondent has provided for service of documents
- Registered post to the respondent’s registered address
- Personal delivery to the respondent or their authorised representative
Keep proof of service. Email with read receipt or registered post are the safest options.
Step 4: The Response Window Starts
Once the payment claim is received, the respondent has 10 business days to serve a payment schedule. The payment schedule must:
- Identify the payment claim it relates to
- State the scheduled payment amount
- Explain the reasons for any withholding
Step 5: If There’s No Response
If the respondent fails to serve a payment schedule within 10 business days, the full claimed amount becomes a debt due and payable. You can then:
- Apply for adjudication with the QBCC
- Recover the amount as a debt in court
In practice, many head contractors pay as soon as they receive a valid payment claim — because they know what happens if they don’t respond.
Key QLD Deadlines
| Event | Timeframe |
|---|---|
| Payment claim served | On or after reference date |
| Payment schedule due | Within 10 business days of receiving claim |
| Adjudication application | Within 20 business days of end of payment schedule period |
| Adjudication determination | Within 10 business days of response |
Let PayClaim Do It For You
PayClaim automatically generates a BIF Act-compliant payment claim, identifies your correct reference date, and serves it on your head contractor — all for just $69 depending on your claim amount. The 10-business-day countdown starts the moment your claim is delivered.
Owed money? You can start your Letter of Demand here — see the whole letter free, then a flat $69 to issue it. PayClaim is not a law firm; payment outcomes are not guaranteed.
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.