How to Write a Valid Payment Claim in Queensland

In Queensland, a valid payment claim is the foundation of your Security of Payment rights. Get it wrong and your claim may not trigger the BIF Act’s protections. Get it right and you’ve put the head contractor under strict legal obligations with tight deadlines. Here’s exactly how to write a valid payment claim in Queensland.

What Is a Payment Claim Under the QLD BIF Act?

A payment claim under Queensland’s Building Industry Fairness (Security of Payment) Act 2017 is a formal written document served on the party who owes you money (usually the head contractor or principal). It’s not the same as your regular tax invoice — it’s a specific legal document that starts the BIF Act process and triggers the respondent’s obligation to either pay or issue a payment schedule within 15 business days.

What Must a QLD Payment Claim Include?

Under the BIF Act, a valid payment claim must:

1. Be in writing: A verbal claim won’t work. The claim must be a written document.
2. Identify the construction work or related goods and services: The claim must describe the work it relates to — the project, the stage of work, or the specific services provided. This doesn’t have to be exhaustive, but it must be clear enough that the respondent understands what’s being claimed.
3. State the amount claimed: The payment claim must specify how much you’re claiming. You can break this down into line items if multiple invoices or work packages are included.
4. State that it is made under the Building Industry Fairness (Security of Payment) Act 2017: This is the critical statement that many subcontractors miss. Without it, the document may be a tax invoice but not a valid BIF Act payment claim. Include the full Act name.

Example Statement to Include

A simple way to satisfy the legal requirement is to include this statement prominently on the claim:

“This is a Payment Claim made under the Building Industry Fairness (Security of Payment) Act 2017 (Queensland).”

When Can You Serve a Payment Claim in Queensland?

In Queensland, a payment claim can be served on or from the reference date under your contract. Most contracts specify a reference date — often the last day of each month or upon reaching a project milestone. If your contract doesn’t specify a reference date, you can serve a claim on the last day of each calendar month.

There is no hard upper time limit for serving a BIF Act claim, but you should act promptly. Delays weaken your position and can complicate adjudication.

Who Do You Serve the Payment Claim On?

Serve the payment claim on the party you have a direct contract with — usually the head contractor or, if you’re a head contractor, the principal or developer. Do not serve it on the developer if your contract is with the head contractor.

How Do You Serve It?

Valid service methods under the BIF Act generally include:

• Personal service on the respondent or their authorised representative
• Service at the respondent’s registered business address
• Registered post to the respondent’s business address
• Email, where the contract provides for email service or the respondent has agreed

Keep records of how and when you served the claim. You’ll need this evidence if the dispute proceeds to adjudication.

Common Mistakes to Avoid

• Forgetting the BIF Act statement: Without this, your document is not a valid payment claim under the Act
• Wrong party: Serving the claim on the developer when your contract is with the head contractor
• Vague work description: The claim must identify the work clearly enough for the respondent to assess and respond to it
• Missing the reference date: Serving before the reference date arises

Let PayClaim Prepare Your QLD Payment Claim

Getting a payment claim right is critical — mistakes can invalidate the claim and cost you your legal rights. PayClaim prepares legally compliant QLD BIF Act payment claims for subcontractors and tradies across Queensland. We handle the preparation, service, and follow-through — including adjudication if the claim is disputed. Start your free claim today.