The Construction Contracts Co.
Glossary
Glossary / Security of payment

Security of payment

Security of payment is the family of Australian statutes giving construction contractors a fast statutory right to progress payments and rapid adjudication of payment disputes - rights that cannot be contracted out of.

Every state and territory has an Act. Most follow the East Coast model (payment claim, payment schedule, adjudication); the NT retains the West Coast model with different mechanics. The Acts differ in windows and details - the state of the work decides which applies.

Why it matters to subbies

This legislation is the biggest under-used lever in a subcontractor's toolkit. Knowing your Act's windows - and showing the builder you know them - changes payment behaviour before any formal step is taken.

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General information for Australian subcontractors, not legal advice - contract drafting and state legislation vary and change; your document and your state's Act govern. Written by Mat Kennedy at The Construction Contracts Co.