You’ve finished the job. The tiling looks perfect. The site manager signed off. But the money hasn’t hit your bank account—and it’s been weeks.
If you’re a tiler or subcontractor owed money in Australia, you’re not helpless. The Security of Payment legislation in your state exists specifically to give tradies a fast, practical way to recover what they’re owed. You don’t need to wait months for court or hope a builder remembers to pay. This is your step-by-step recovery plan.
Step 1: Check Your Right to Claim
First things first: you need to have performed work or supplied materials on a construction project. That covers almost every tiler and subcontractor in Australia.
The Security of Payment Acts exist in every state and territory:
- NSW: Security of Payment Act 1999
- Queensland: Building Industry Fairness (Security of Payment) Act 2017
- Victoria: Security of Payment Act 2002
- South Australia: Security of Payment Act 2009
- Western Australia: Construction Contracts Act 2004
- Tasmania: Security of Payment Act 2009
- ACT: Security of Payment Act 2009
- NT: Security of Payment Act 2009
These laws apply to residential and commercial construction. If you’ve done work on a building project and invoiced for it, you have rights under the Act in your state.
Step 2: Send a Formal Payment Claim (If You Haven’t Already)
This is critical. A payment claim under your state’s SOP Act is different from a normal invoice. It triggers legal obligations on the person who owes you money—the “respondent”—to respond within a set timeframe.
Your payment claim needs to:
- Identify the work you’ve done or materials you’ve supplied
- State the amount you’re claiming (in AUD)
- Reference the contract or project
- Clearly state it’s a claim under the relevant Security of Payment Act
- Include your contact details
The respondent then has a statutory window to respond. Under the NSW SOP Act 1999, for example, they have 10 business days to issue a payment schedule (accepting the claim, rejecting it, or proposing a lesser amount). Other states have similar timeframes—usually 7 to 10 business days.
If they don’t respond within that window and don’t pay, you move to the next step.
Step 3: Understand Fast-Track Adjudication
This is where the SOP Acts really protect you. If the respondent ignores your claim or rejects it without good reason, you can apply for fast-track adjudication—a quick, binding decision from an independent adjudicator.
Fast-track adjudication isn’t a court case. It’s streamlined, designed for construction disputes, and it happens fast (usually within 14 days of your application in most states). The adjudicator reviews your claim and the respondent’s response, then issues a determination.
The respondent can challenge the determination later, but in the meantime, they have to pay you. Many debtors choose to pay or settle rather than face fast-track adjudication because the process is designed to move quickly and the cost of disputing it often outweighs the benefit.
Step 4: File Your Claim Properly
This is where most tradies stumble. The forms, timelines, and wording matter. If you get it wrong, your claim can be rejected on a technicality—even if the money is genuinely owed.
You can draft a claim yourself, but it’s easy to miss details that the legislation requires. That’s why many subcontractors use a payment claim service like PayClaim. For a flat fee of AUD $79, you get a properly formatted, compliant claim that’s ready to serve. No hidden costs, no percentage cuts. It saves you the headache of getting it wrong and having to start again.
Once your claim is filed and served on the respondent, the clock starts ticking on their obligation to respond.
Step 5: Keep Records and Stay Professional
From today onwards:
- Keep copies of all invoices, contracts, and correspondence
- Document the work completed (dates, photos, site notes)
- Keep evidence of delivery (delivery dockets, signed-off schedules)
- Save all emails and messages from the head contractor or builder
If you end up in adjudication, this evidence is your ammunition. The adjudicator needs to see that you actually did the work and that you’ve made a fair claim for it.
And keep your tone professional in all communication. You want the paper trail to show you’ve been reasonable and the respondent has been difficult—not the other way around.
The Reality Check
You won’t get paid the moment you file a claim. There’s a process, and it takes time. But here’s what changes: the respondent’s behaviour often does. Once they know you’re serious—that you understand your rights under the SOP Act and you’re prepared to use them—many choose to settle or pay rather than defend a claim they’re unlikely to win.
If they still don’t pay after adjudication, you’ve got an adjudication determination in your favour. That’s a powerful document. It gives you grounds to pursue recovery through debt collection, or to withhold your own payments on future jobs with that builder.
You’ve earned the money. The law is designed to help you get it. Don’t let late payers think you’ll just wait forever.
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.