Updated automatically from real scans

The Australian Subcontract Index

What's actually in the subcontracts Australian subbies are being asked to sign — measured, not guessed. Every statistic below is extracted from real contracts run through the free Subcontract Risk Scanner, de-identified and aggregated. No contract, business, or party is ever identifiable.

Based on 25 distinct contracts analysed to date (QLD, VIC) · updated 2026-08-21 · sample grows with every scan

100%

have time bars that extinguish the claim entirely

A missed notice window doesn't just delay the claim — the clause kills it. The market-normal alternative is a notice requirement, not an absolute bar.

19 of 19 contracts where this was identifiable

100%

allow set-off without notice

The builder can deduct from your payment without telling you first or substantiating why. Market position: written notice and 5–10 business days.

20 of 20 contracts where this was identifiable

86%

have liquidated damages with no cap

Exposure is unlimited. Market position: LDs capped at 5–10% of the subcontract sum.

12 of 14 contracts where this was identifiable

96%

include termination for convenience

The builder can end the contract without cause. The clause is market-common — what matters is whether it pays for work done plus demobilisation.

22 of 23 contracts where this was identifiable

25 days

median payment terms

From payment claim to money in the bank, as drafted. Statutory caps in several states sit at or below this — and can't be contracted out of.

n = 22 contracts where this was identifiable

$1,500/day

median liquidated damages rate

Within the $1,500–$2,500/day band considered reasonable for tier-2 commercial work — the risk is rarely the rate, it's the missing cap.

n = 14 contracts where this was identifiable

median retention

Held from progress payments. 5% combined is the market-normal cap; twice that until practical completion is a red flag.

n = 14 contracts where this was identifiable

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Methodology

Statistics are extracted from subcontracts uploaded to the Subcontract Risk Scanner, de-duplicated so a document scanned more than once counts once, with test traffic excluded. A clause is only counted where the contract states it explicitly — "not identifiable" is never treated as a no — and any measure with fewer than 10 qualifying contracts is withheld. Aggregates only: no contract, party, project, or business is identifiable, consistent with our Terms of Use and Privacy Policy. Cite freely with a link to this page.