What is the statutory wording a SOPA payment claim must carry?

The payment claim must include the words "This is a payment claim made under the [State Act]" — substituting the correct State Act name (BCISPA 1999 (NSW), BIF Act 2017 (Qld), BCISPA 2021 (WA), and so on). Without the wording, the claim is not a SOPA payment claim and the respondent is not bound by the statutory schedule deadline or the adjudication pathway. Our template injects the correct wording automatically for the State you select.

How long does the respondent have to serve a payment schedule?

It depends on the State Act. 10 business days in NSW (BCISPA 1999 s 14), Victoria (BCISPA 2002), Tasmania (BCISPA 2009) and the ACT (BCISPA 2009). 15 business days in Queensland (BIF Act 2017 s 76), Western Australia (BCISPA 2021) and South Australia (BCISPA 2009). The Northern Territory follows the West Coast model with a different timing framework. Miss the deadline and the respondent becomes liable for the full amount of the claim, with no defence available at adjudication.

What is a "reference date"?

A reference date is the date from which a payment claim under the Act can be served. Most East Coast Acts say the reference date is the last day of each named month in which construction work was carried out or related goods or services were supplied — though a construction contract may specify an earlier date. Only one payment claim can be served for each reference date. The Western Australian and Northern Territory Acts allow a claim at any time and do not use a monthly reference-date framework.

What is the supporting statement and who must serve it?

In several jurisdictions (most importantly NSW), a head contractor must serve a supporting statement with each payment claim declaring that all subcontractors have been paid amounts that have become due and payable in relation to the work to which the payment claim relates. The statement is treated as a statement to a court — knowingly making a false or misleading supporting statement is a criminal offence under BCISPA 1999 (NSW) s 13(7) and parallel provisions in other States. Our template generates the declaration automatically when you indicate you are the head contractor.

Are pay-when-paid clauses really void?

Yes — every State SOPA Act renders pay-when-paid clauses void. Construction contracts that purport to make the respondent's payment obligation conditional on receipt of payment from the principal cannot defer payment to the claimant. The obligation to pay is independent of the supply chain above. Examples: BCISPA 1999 (NSW) s 12, BIF Act 2017 (Qld) s 200, BCISPA 2021 (WA) Part 4 Division 1. Our template includes an express acknowledgement of the pay-when-paid void rule in the adjudication pathway clause.

What changed in Victoria on 15 April 2026?

The Building Legislation Amendment (Fairer Payments on Jobsites and Other Matters) Act 2025 (Vic) commenced on 15 April 2026, introducing major SOPA reforms: a statutory cap on payment terms across the supply chain, mandatory retention trust accounts (retention monies must be held on trust, providing insolvency protection for subcontractors), 5-business-days notice before calling on performance security, and enhanced adjudication procedures. All Victorian construction contracts entered after 15 April 2026 must comply with the new regime, and the framework applies to existing contracts to the extent the legislation prescribes.

How do I serve the payment claim?

Service is determined by the construction contract first, then by the Act. Email, post and personal service are generally permitted; some States and contracts require service at a particular address (the registered office or the address for service in the contract). Use the method that creates the strongest audit trail — email with read-receipt is generally best, with hard copy by post as backup. Keep proof of service: the schedule deadline runs from the date of receipt, and proving that date is the foundation of any adjudication application.

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SOPA Payment Claim (Australia)

Every Australian construction contract is subject to the State or Territory Security of Payment Act, and every contractor and subcontractor has a statutory right to serve a payment claim and apply for adjudication of any dispute. Our free template selects the correct Act for the State of the project (NSW, Victoria, Queensland, Western Australia, South Australia, Tasmania, the ACT or the Northern Territory), carries the statutory wording the Act requires, sets the reference date, and produces a payment claim ready to serve. Australian construction lawyers use the SOPA framework every working day — it is the most powerful payment-recovery tool in Commonwealth law.

Create Your Payment Claim — Security of Payment Act

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Payment Claim — Security of Payment Act

Payment Claim Under Building And Construction Industry Security Of Payment Act 1999 (NSW) · 12 June 2026

Harbour Electrical Services Pty Ltd (ABN 52 628 491 752)

15 Mary Street, Surry Hills NSW 2010

02 9211 4477

accounts@harbourelectrical.com.au

12 June 2026

Mitchell Construction Pty Ltd

Mitchell Construction Pty Ltd
Level 4, 88 Walker Street
North Sydney NSW 2060

PAYMENT CLAIM — SECURITY OF PAYMENT ACT

Mitchell Construction Pty Ltd · $128,450.00 · New South Wales

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

I, Harbour Electrical Services Pty Ltd (the claimant), serve this payment claim on Mitchell Construction Pty Ltd (the respondent) for the sum of $128,450.00, being a progress payment due for construction work carried out and related goods and services supplied under the construction contract identified below. This claim is made under Building and Construction Industry Security of Payment Act 1999 (NSW). a payment claim is served at any time during the contract and must identify the work, state the amount claimed and carry the statutory wording; if the respondent does not serve a payment schedule within 10 business days, the respondent is liable for the full claimed amount under s 14.

PARTIES AND THE CONSTRUCTION CONTRACT

Claimant: Harbour Electrical Services Pty Ltd (ABN 52 628 491 752)
Address: 15 Mary Street, Surry Hills NSW 2010
Telephone: 02 9211 4477
Email: accounts@harbourelectrical.com.au

Respondent: Mitchell Construction Pty Ltd
Address for service: Mitchell Construction Pty Ltd
Level 4, 88 Walker Street
North Sydney NSW 2060

Construction contract: Subcontract MC-HE-2026-042 — electrical works for the Pacific Highway Office Tower Refurbishment
Contract date: 15 May 2026
Project / site: 88 Pacific Highway, Chatswood NSW 2067
Governing law: New South Wales, Australia

CONSTRUCTION WORK AND AMOUNT CLAIMED

Amount claimed: $128,450.00 (exclusive of GST — GST is payable in addition)
Reference date: 31 May 2026
Period of work: progress works from 1 May 2026 to 31 May 2026

Description of the work:
Supply and installation of switchboard, distribution boards, lighting circuits and emergency lighting on levels 3 and 4 of the Pacific Highway Office Tower in accordance with the subcontract scope and AS/NZS 3000:2018. All work is completed to the inspection stage as recorded in the May site diary entries.

Reference date rule: a payment claim may be served on and from the last day of each named month in which work was carried out or related goods or services were supplied.

PARTICULARS OF THE CLAIM

Claim period: 1 May 2026 to 31 May 2026
Retention: 5% of the progress payment has been withheld for retention, in accordance with the contract.
Amounts previously paid against this contract: $82,000.00

Itemised work:
1. Switchboard supply and install — Level 3 main board (50% milestone reached) — $42,000.00
2. Distribution boards DB-3A, DB-3B, DB-4A, DB-4B (supply and install) — $38,000.00
3. Lighting circuit rough-in and luminaire installation — Level 3 (complete) and Level 4 (60%) — $28,000.00
4. Emergency lighting and exit signage — Levels 3 and 4 (complete) — $14,250.00
5. Site supervision and labour — May progress claim — $6,200.00

The claimant has carried out the construction work and supplied the related goods and services described above under the construction contract; the amount claimed is the value of that work for the reference date set out in section 2, less any retention and amounts properly paid.

DUE DATE AND CONSEQUENCES

Payment due date: 26 June 2026 (or as required by the construction contract, whichever is the earlier).

Preferred method of payment: electronic funds transfer — BSB 062-001, account 1234 5678 in the name of Harbour Electrical Services Pty Ltd.

If no payment schedule is served: under s 14 the respondent must serve a payment schedule within 10 business days of receiving the claim, indicating the scheduled amount and — if it is less than the claimed amount — the reasons for the difference and any withholding; failure to serve it on time makes the respondent liable for the full amount and bars a defence at adjudication.

ADJUDICATION PATHWAY

Pay-when-paid clauses are void: any provision in the construction contract that makes the respondent's obligation to pay the claimant conditional on the respondent first being paid by the principal (a "pay-when-paid" clause) is void under the relevant State or Territory Act. The respondent's obligation to pay is independent of the respondent's right to be paid by the principal.

Adjudication body: an authorised nominating authority (Adjudicate Today, ABC Dispute Resolution, RICS Australasia and other appointed bodies).

Adjudication process: if the claimant disputes the payment schedule (or none is served), the claimant lodges an adjudication application with an authorised nominating authority; the adjudicator is appointed within 4 business days and must determine within 10 business days, and the determination is enforced as a judgment of the court.

Note on enforcement: If the claim is unpaid and no payment schedule is served within the statutory window, the claimant will apply for adjudication through an authorised nominating authority and recover the full amount as a debt.

Retention trust: retention monies above $20,000 on projects $20 million or more must be held in a separate retention trust account under the Building and Construction Industry (Retention Trust Account) Act 2015 (NSW).

DEMAND FOR PAYMENT

The claimant demands payment of the amount of $128,450.00 (plus GST if applicable) on or before the due date set out above. If the respondent does not pay the full amount and does not serve a payment schedule within 10 business days after receiving this claim, the respondent will be liable for the full amount under Building and Construction Industry Security of Payment Act 1999 (NSW), and the claimant may recover the amount as a debt and apply for adjudication of the dispute.

This payment claim is served on the respondent at the address for service set out in section 1 by the means permitted under the construction contract and the Act.

CLAIMANT

Harbour Electrical Services Pty Ltd

Date: ____________________

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What Is a SOPA Payment Claim?

A payment claim under the Australian Security of Payment Acts is the document a contractor or subcontractor serves on the party above them in the construction supply chain to claim a progress payment due under a construction contract. The claim identifies the work, states the amount claimed, and carries the statutory wording ("This is a payment claim made under the [State Act]"). The respondent then has a prescribed window — 10 business days in NSW, Victoria, Tasmania and the ACT, 15 business days in Queensland, Western Australia and South Australia — to serve a payment schedule, failing which the respondent becomes liable for the full amount of the payment claim.

Australia has eight separate SOPA regimes — one per State and Territory. The headline Acts are the Building and Construction Industry Security of Payment Act 1999 (NSW), the Building and Construction Industry Security of Payment Act 2002 (Vic) (which Victorian Parliament reformed via the Building Legislation Amendment (Fairer Payments on Jobsites and Other Matters) Act 2025 — commenced 15 April 2026), the Building Industry Fairness (Security of Payment) Act 2017 (Qld), the Building and Construction Industry (Security of Payment) Act 2021 (WA) (which replaced the older Construction Contracts Act 2004 for new contracts from 1 August 2022), and parallel Acts in South Australia, Tasmania, the ACT and the Northern Territory. Each Act differs on the payment-schedule deadline, the reference-date rule, the adjudication body and the retention-trust overlay.

The strategic value of the SOPA framework is automatic: if a respondent fails to serve a payment schedule within the statutory window, the respondent is liable for the full claim with no defence available at adjudication. This is the most important commercial reality in Australian construction — most payment disputes are resolved in the claimant's favour because the respondent missed the deadline.

What's Covered in This Template

Our Australian SOPA Payment Claim covers every element required by every State Act, with state-aware switching for the eight jurisdictions.

Claimant and ABN

Your business name, ABN, address and contact details — the entity that holds the construction contract.

Governing State (state-driven)

NSW / Victoria / Queensland / WA / SA / Tasmania / ACT / NT — selects the right SOPA Act, statutory wording, deadline and adjudication body.

Respondent and Contract

The party above you in the supply chain, the construction contract reference, the project site and the period of work.

Amount and Reference Date

Amount claimed (ex GST), the reference date under the relevant State Act, and the period of work.

Statutory Claim Wording

The exact wording the Act requires the claim to carry — auto-injected for the selected State.

Expert: Particulars

Itemised work breakdown, claim period, retention withheld, prior payments — the foundation of any adjudication.

Expert: Supporting Statement

Head contractor declaration (NSW etc.) that all subcontractors have been paid — treated as a statement to a court.

Expert: Due Date and Consequences

Due date, payment method, bank details for EFT, and the state-aware consequence of the respondent failing to serve a payment schedule.

Expert: Adjudication Pathway

State-aware adjudication body, lodgment process, and the pay-when-paid void clause that every State Act prohibits.

Retention Trust Overlay

NSW Retention Trust Account Act 2015 ($20M projects), QLD Project Trust Account ($1M state / $10M private), and Victoria from 15 April 2026.

Demand for Payment

Final demand clause referencing the statutory window and the recovery options under the State Act.

Claimant Signature

CLAIMANT signature block.

How to Create a SOPA Payment Claim

Follow these steps to produce a state-aware payment claim ready to serve on the respondent.

1
Identify Your Business and the State
Enter your business name, ABN, address and contact details. Select the State or Territory of the project — this selects the SOPA Act, the statutory wording, the schedule deadline and the adjudication body.
2
Identify the Respondent and the Contract
Enter the respondent (the party above you — principal, head contractor or whoever you contracted with), the construction contract reference, the project site address, and the period of work.
3
Set the Amount and the Reference Date
Enter the amount claimed (excluding GST), the reference date (usually the last day of the named month in which the work was carried out), and a short factual description of the work.
4
Particularise the Claim (Expert)
Add the itemised work breakdown tied to the contract scope, the claim period, any retention withheld and any prior payments. This is what produces a clean default judgment if the respondent fails to schedule.
5
Add the Supporting Statement (Expert, head contractor)
If you are the head contractor, complete the supporting statement declaring whether all subcontractors have been paid amounts due. The statement is treated as a statement to a court — knowingly false statements are a criminal offence.
6
Add the Adjudication Pathway (Expert)
Add the state-aware adjudication body, the lodgment process, and the pay-when-paid void clause. The adjudication pathway is what the respondent reads first — and is what produces voluntary payment.

Why Doxuno documents are different

Four things that make our templates more thorough than AI-generated drafts and more current than static template libraries.

Accurate

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Templates carrying statute references are continuously updated as the law changes. Your document always reflects the current legal framework.

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Continue editing in Word after download. Add custom clauses, reuse the template for similar agreements, or share with a colleague for collaborative review.

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Legal Considerations

The SOPA framework gives Australian contractors and subcontractors statutory rights that cannot be contracted out of — but it also has unforgiving deadlines.

This template is for informational purposes only and does not constitute legal advice. Security of Payment Acts vary by State and Territory and the statutory timeframes are strictly enforced. Failure to comply with the statutory requirements can result in loss of the right to claim or apply for adjudication. Always obtain advice from an Australian construction lawyer for substantial claims.

Reviewed for Australian construction law

East Coast vs West Coast Models

Australia has two SOPA models. The East Coast model (NSW, Victoria, Queensland, South Australia, Tasmania, ACT) gives the respondent a fixed window to serve a payment schedule — failure to do so makes the respondent liable for the full amount with no defence at adjudication. The West Coast model (WA from 1 August 2022 under the BCISPA 2021, and the Northern Territory under the Construction Contracts (Security of Payments) Act 2004) allows either party to apply for adjudication of any payment dispute, with no monthly reference-date framework and a 90-day adjudication window in the NT.

Statutory Wording is Strict

The Act requires the payment claim to carry specific statutory wording — "This is a payment claim made under the [State Act]". Without that wording, the claim is not a SOPA payment claim and the statutory consequences (full liability on failure to schedule, the right to apply for adjudication) do not apply. Our template injects the correct wording for the selected State automatically.

Pay-When-Paid Clauses are Void

Every State Act voids pay-when-paid clauses — provisions that make the respondent's obligation to pay the claimant conditional on the respondent first being paid by the principal. The Act treats the obligation to pay as independent of the supply chain above. Construction contracts that purport to defer payment until the principal pays are unenforceable to that extent under (for example) BCISPA 1999 (NSW) s 12.

Retention Trust Regimes

NSW (Retention Trust Account Act 2015, projects ≥$20M), Queensland (Project Trust Account under BIF Act 2017, state projects ≥$1M / private ≥$10M) and Victoria (from 15 April 2026 under the Fairer Payments Act 2025) require retention monies to be held in separate trust accounts, protecting subcontractor retention from head contractor insolvency. Western Australia, South Australia, Tasmania, the ACT and the Northern Territory have no statutory retention trust regime in force.

Frequently Asked Questions

Claim Your Progress Payment Now

Select the State of the project, identify the respondent, set the amount and reference date, and produce a SOPA-compliant payment claim with the statutory wording, the supporting statement (if applicable) and the adjudication pathway — ready to serve in minutes. Cross-link to the Doxuno Australian Subcontract Agreement and Independent Contractor Agreement templates for the upstream contract framework.

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