Security of Payment Act Victoria: The Complete Subcontractor Guide

Security of Payment Act Victoria

Victoria operates under the Building and Construction Industry Security of Payment Act 2002. Like its counterparts in other states, the Victorian Act gives subcontractors and contractors a statutory right to payment and access to rapid adjudication.

Who Is Covered in Victoria?

The Victorian Act covers construction work, including building, civil engineering, demolition, maintenance and repair. It also covers related professional services and the supply of construction materials under a construction contract.

Domestic building contracts where the owner is an individual are generally excluded, but most commercial, industrial and strata work is covered.

Reference Dates in Victoria

Victoria’s reference date provisions are similar to NSW. If your contract specifies a date for claiming progress payments, that is your reference date. If not, the reference date is the last day of each month.

Payment Claim Requirements in Victoria

A Victorian payment claim must:

• Be in writing
• Identify the construction work or materials supplied
• State the amount claimed
• State that it is made under the Building and Construction Industry Security of Payment Act 2002 (Vic)

The Response Window

The respondent has 10 business days to serve a payment schedule. If no payment schedule is served, the full amount is a debt due and payable. You can recover it as a debt or through adjudication.

Adjudication in Victoria

Victoria has several Authorised Nominating Authorities including the Victorian Building Authority and the Institute of Arbitrators and Mediators Australia. Application fees are generally reasonable for smaller claims.

Start Your Victorian Payment Claim Today

PayClaim supports Victorian subcontractors with fully compliant payment claims under the 2002 Act. Our AI identifies your reference date, generates the correct statutory statement, and serves the claim on your head contractor automatically.