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Free payment claim template for NSW builders and subcontractors

A progress payment claim built for the NSW Security of Payment Act: the work identified, the amount claimed, the statement that it is made under the Act, and a clear breakdown.

The short version

A valid NSW payment claim under the Security of Payment Act must identify the construction work (or goods and services) it relates to, state the amount claimed, and state that it is made under the Building and Construction Industry Security of Payment Act 1999. That endorsement has been required again since 21 October 2019. The Act does not apply to residential building work for an owner who lives, or intends to live, in the home. Head contractors claiming from a principal must also provide a supporting statement.

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  • Updated 14 Sep 2026

Reviewed by Daniel Betros, Licensed Building Practitioner

Animated walkthrough · 7 steps

How to prepare a NSW payment claim

Seven steps. Precision here decides whether a claim can be enforced.

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  1. The Act covers construction contracts in NSW, but not residential building work where the owner lives or intends to live in the home. If it does not apply, claim under the contract instead.

  2. Claimant, respondent, contract reference, site, and the claim number and period. Serve it on the right entity at the address the contract specifies.

  3. Describe the work, goods or services with enough detail that the respondent can understand the basis of the claim: by contract item, stage or variation.

  4. Contract work completed, approved variations, less previous payments and retention, plus GST: one clear claimed amount.

  5. This is a payment claim made under the Building and Construction Industry Security of Payment Act 1999 (NSW). Without it, the claim may not trigger the Act.

  6. A head contractor serving a claim on the principal must attach a supporting statement declaring that subcontractors have been paid what is due.

  7. Serve it as the contract and the Act allow, keep proof of service, and diarise the date a payment schedule is due. If none arrives in time, the respondent may be liable for the full amount.

In NSW, a payment claim is more than an invoice. Served properly under the Security of Payment Act, it starts a statutory clock: the other side must respond with a payment schedule in time, or they risk becoming liable for the whole amount. Served improperly, it is just a request. This template is built around what the Act requires, so the claim does what it is meant to do.

Does the Act apply to your contract?

The Building and Construction Industry Security of Payment Act 1999 applies to most construction contracts in NSW, including subcontracts and supply contracts. The big exception for builders is residential building work where the owner resides, or proposes to reside, in the premises. If you are building a home for the family who will live in it, claims against them are governed by the contract and the Home Building Act, not the Security of Payment Act. Subcontractors claiming from that builder, however, are generally covered.

The three things a claim must do

RequirementHow the template meets it
Identify the construction work, or related goods and services, the claim relates toSections 3 and 4 break the claim down by contract item and variation
Indicate the amount of the progress payment claimedSection 5 arrives at one claimed amount, including GST
State that it is made under the ActThe statutory statement at the top of the claim

The statement requirement is the one that trips people up. It was removed from NSW law in 2014 and reinstated from 21 October 2019, so claims written from older templates may be missing it. Without it, the claim may not engage the Act at all.

Identify the work properly

The respondent must be able to understand what is being claimed. A lump sum with “progress to date” invites a dispute about whether the claim identified the work. Break it down by contract item or stage, show percentages and values, list variations separately with their numbers, and deduct previous payments and retention. The more precise the breakdown, the harder it is to argue the claim was invalid.

Timing and service

Under the NSW Act, a claimant is generally entitled to make one payment claim a month, from the date set by the contract or the Act, plus a final claim after the contract is terminated. Serve the claim on the correct entity, by a method the contract and the Act allow, and keep proof of service. Then diarise the dates that follow:

  • Payment schedule: if the respondent intends to pay less than the claimed amount, it must provide a payment schedule within 10 business days after the claim is served, or earlier if the contract requires, stating what it will pay and why it is withholding the rest.
  • Payment: progress payments to subcontractors are due no later than 20 business days after the claim, unless the contract provides for earlier payment; payments to head contractors have a shorter maximum.

If no schedule arrives in time and the amount is not paid, the claimant may be able to recover the full claimed amount as a debt, or apply for adjudication. Get advice before taking either step.

Supporting statements

A head contractor serving a payment claim on the principal must attach a supporting statement, in the form the regulations require, declaring that its subcontractors have been paid what is due and payable. Giving a statement you know to be false carries significant penalties. The template reminds you to attach it, but the statement itself must be in the prescribed form.

Keep the evidence behind the claim

Claims are stronger when the evidence is organised: the signed variations being claimed, the site diary showing the work was done, photos of completed stages, and delivery dockets for materials. If a claim goes to adjudication, the adjudicator decides on the documents, so the documents need to exist.

This template and page are general information about the NSW Act, not legal advice. Security of payment disputes move quickly and have strict deadlines; if a claim is disputed or unpaid, speak to a construction lawyer promptly.

Claiming from owner-occupiers: use the contract

Because the Security of Payment Act does not apply to residential building work for owner-occupiers, builders of homes claim progress payments under their contract instead. A good contract claim looks similar: it identifies the stage or work completed, the amount, previous payments and any variations, with evidence that the stage has been reached. The contract sets when claims can be made, when payment is due and what happens if it is not paid. NSW home building contracts also carry rules about deposits and progress payments. Keep the claim precise and tie it to the contract’s stages, and use the site diary and photos as evidence.

Adjudication in brief

Where the Act applies and a claim is disputed or unpaid, the claimant may be able to apply for adjudication: a fast, documents-based determination by an adjudicator, available through authorised nominating authorities. It is designed to resolve payment disputes quickly and keep money flowing, with the parties’ final rights preserved for later proceedings. Deadlines are short and strict, and the adjudicator decides on the documents, so the quality of the payment claim, the evidence and the submissions matter a great deal. If you are heading towards adjudication, get advice from a construction lawyer early.

Preview the full Payment claim (NSW Security of Payment Act) template

Every section, field and check in the download, exactly as it prints. Edit the Word version to add your logo, delete what does not apply and add your own site-specific items.

pointCPD

Payment claim

Progress payment claim: NSW

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For construction contracts in NSW to which the Building and Construction Industry Security of Payment Act 1999 applies. The Act does not apply to residential building work where the owner resides, or proposes to reside, in the premises. Check your contract and obtain legal advice where needed.

Statutory statement

This is a payment claim made under the Building and Construction Industry Security of Payment Act 1999 (NSW).

1. Parties and contract

ClaimantName, ABN, address, licence numberRespondentName, ABN, address for service
Contract / subcontract reference and dateProject and site address
Payment claim numberDate of this claim
Work period coveredDate served and method

2. Before you serve

#CheckYesNo
1The contract is for construction work or related goods and services carried out in NSW
2The work is not residential building work for an owner who resides, or proposes to reside, in the premises
3This claim is made on or after the date the contract or the Act allows for this month's claim
4The work, goods or services claimed are identified in the breakdown below
5The claimed amount is stated
6The statutory statement above is included
7A supporting statement is attached (head contractor claiming from the principal)
8The claim is being served on the correct party at the address for service

3. Work claimed: contract items

Item / stageContract value% completeValue to datePreviously claimedThis claim
ExampleFrame stage: wall frames, trusses and roof framing100%

4. Variations

Variation no.DescriptionApproved valuePreviously claimedThis claim

5. Claimed amount

Contract work completed to dateVariations to date
Total value to dateLess retention (if applicable)
Less previous paymentsAmount due this claim (ex GST)
GSTCLAIMED AMOUNT (inc GST)

6. Supporting statement (head contractor to principal only)

Where a head contractor serves a payment claim on the principal, it must be accompanied by a supporting statement in the form required by the regulations, declaring that all subcontractors have been paid all amounts due and payable to them. Attach the completed supporting statement to this claim.

Do not sign a supporting statement you know to be false: significant penalties apply.

7. Service and key dates

Served on (name)MethodAs the contract and the Act allow: email to nominated address, post, hand
Date servedProof of service kept?
Payment schedule due byWithin the time in the contract or the Act, whichever is earlierPayment due by
Claimant signatureName and position
Template by PointCPD · pointcpd.com.au/resources/templates/payment-claim-template/Free to use, copy and adapt, including commercially (CC BY 4.0). Keep this credit line.v1.0

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Questions builders ask

What must a NSW payment claim include?

It must identify the construction work or related goods and services it relates to, indicate the amount of the progress payment claimed, and state that it is made under the Building and Construction Industry Security of Payment Act 1999. The statement has been required again since 21 October 2019.

Does the Security of Payment Act apply to home owners?

Not to residential building work where the owner resides, or proposes to reside, in the premises. Builders claiming from owner-occupiers rely on their contract and the Home Building Act, not the Security of Payment Act.

How often can I make a payment claim?

Under the NSW Act, a claimant is generally entitled to make one payment claim per month, from the date set by the contract or the Act, plus a final claim after termination. Check the dates in your contract.

What happens if the respondent does not reply?

If the respondent does not provide a payment schedule within the required time (10 business days under the Act, or less if the contract says so) and does not pay, they can become liable for the full claimed amount, which the claimant can recover as a debt or through adjudication.

What is a supporting statement?

A declaration that a head contractor must attach to a payment claim served on the principal, confirming that its subcontractors have been paid what is due. Giving a false supporting statement carries significant penalties.

How quickly must a subcontractor be paid?

Under the NSW Act, a progress payment to a subcontractor is due no later than 20 business days after the payment claim is made, unless the contract provides for earlier payment. Head contractors have a shorter maximum period. Check the current timeframes.

Free to use, adapt and share, including commercially

This template is licensed under Creative Commons Attribution 4.0. Copy it, rebrand it, edit it for your jobs, hand it to clients and subcontractors, or republish it. The one condition: keep the small PointCPD credit line on the document. If you publish it online, credit it like this:

<a href="https://pointcpd.com.au/resources/templates/payment-claim-template/">Payment claim (NSW Security of Payment Act) template</a> by PointCPD, CC BY 4.0

Last reviewed 14 September 2026. A template is a starting point: it becomes a compliant document only once it is completed for the actual job by people who understand the work, and kept current as the work changes. General information, not legal advice. Check the requirements of your state regulator and your contract.

Sources: Building and Construction Industry Security of Payment Act 1999 (NSW) and Regulation, as amended by the Building and Construction Industry Security of Payment Amendment Act 2018 (commenced 21 October 2019). NSW Government guidance on security of payment. Summaries of the 2019 amendments by Corrs Chambers Westgarth. This template is general information, not legal advice.