The Construction Contracts Co.
Index Archive
Live Index / Archive / August 2026

The Index, as at August 2026

A permanent snapshot of the Australian Subcontract Index at the start of August 2026 - 55 real subcontracts analysed at that date. This page never changes, so it can be cited in work that needs a stable reference. The live Index carries the current numbers.

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. (40 of 40)
98%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. (45 of 46)
83%have liquidated damages with no cap
Exposure is unlimited. Market position: LDs capped at 5–10% of the subcontract sum. (19 of 23)
90%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. (45 of 50)
25 daysmedian 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=47)
$1,500/daymedian 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=26)
5%median retention
Held from progress payments. 5% combined is the market-normal cap; twice that until practical completion is a red flag. (n=35)

Cite as: The Australian Subcontract Index (August 2026 snapshot), The Construction Contracts Co., review.theconstructioncontracts.co/benchmarks/archive/2026-08. Licensed CC BY 4.0. Methodology on the live Index page.