The subcontract questions subbies actually ask
Plain answers, the market position on each clause, and live data from real Australian subcontracts — no legal jargon, no gatekeeping. When you're ready to see where your own contract stands, the scanner reads it free in about 90 seconds.
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What are normal payment terms in an Australian subcontract?
What payment terms are normal in an Australian subcontract, what the market median is from real contracts, and the statutory caps in QLD, NSW and WA that override the contract.
Is a pay-when-paid clause legal in Australia?
Pay-when-paid clauses are void in every Australian state and territory. What the clause looks like, why it's unenforceable, and what it tells you about the rest of the contract.
The builder isn't paying me — what can I actually do?
The steps a subcontractor can take when a builder won't pay: payment claims, payment schedules, adjudication and suspension under Security of Payment law — state by state.
What happens if the builder ignores my payment claim?
If a builder doesn't serve a payment schedule within the statutory window, the full claimed amount becomes a debt due and their defences are barred at adjudication. The windows, state by state.
Can I suspend work if I'm not being paid?
When an Australian subcontractor can lawfully suspend work for non-payment under Security of Payment legislation, the notice mechanics that make it safe, and the mistakes that turn suspension into repudiation.
How does adjudication actually work?
Adjudication step by step for Australian subcontractors: payment claim, payment schedule, application windows, determination in weeks - and what makes it the fastest debt-recovery tool in construction.
What makes a progress claim one that actually gets paid?
How Australian subcontractors serve progress claims that hold up: identifying the work and amount, monthly claim rights, serving properly, and why a valid claim is the trigger for every statutory right.
Liquidated damages
What's a reasonable liquidated damages rate in a subcontract?
What a reasonable liquidated damages rate looks like in an Australian subcontract — the $1,500–$2,500/day band, the 5–10% cap, and the live market median from real contracts.
Are uncapped liquidated damages normal in Australian subcontracts?
How common uncapped liquidated damages are in Australian subcontracts (live data), why the missing cap is the real risk, and the position to negotiate to.
Time bars & EOT
What is a time bar in a subcontract — and when does it kill the claim?
What a time bar is, the difference between a notice requirement and an absolute bar that extinguishes the claim, and how common absolute bars are in real Australian subcontracts.
How many days to notify an EOT claim is normal?
How many days' notice for an extension of time claim is normal in Australian subcontracts, why short EOT windows interact with liquidated damages, and what to negotiate.
Clauses to watch
Can the builder back-charge me or set off money without notice?
Can a builder deduct back-charges from a subcontractor's payment without notice? What set-off clauses allow, how common no-notice set-off is in real contracts, and the market position.
How much retention is normal on an Australian subcontract?
Normal retention on Australian subcontracts: the 5% combined market cap, the live median from real contracts, release at practical completion, and the trust protections in NSW and QLD.
What does termination for convenience mean in my subcontract?
What a termination for convenience clause lets the builder do, how common it is in Australian subcontracts, and the compensation terms that separate a fair clause from a dangerous one.
Do variations need to be in writing for me to get paid?
Do variations need to be in writing to get paid? What Australian subcontract variation clauses require, the Victorian adjudication trap, and how to protect variation claims on site.
Bank guarantees on a subcontract - what should I check?
Bank guarantees vs cash retention on Australian subcontracts: the 5% combined security cap, unconditional guarantees and when the builder can call them, and the return triggers to negotiate.
What does the defects liability period actually oblige me to do?
What a defects liability period actually obliges a subcontractor to do, the 12-month market norm, restarting DLP traps, and how the DLP controls when your retention comes back.
Basics
What should I check before signing a subcontract?
The five clauses that do the financial damage in Australian subcontracts: payment terms, liquidated damages caps, time bars, set-off and retention — and the market position on each.
What is the Security of Payment Act?
What the Security of Payment Act does for Australian subcontractors: statutory payment rights, payment schedules, rapid adjudication — and how the rules differ across all 8 states and territories.
How much does a subcontract review cost in Australia?
What a subcontract review costs in Australia — lawyer review pricing, when it's worth it, and the free AI scan that triages every contract in 90 seconds first.
Tools
Security of Payment Deadline Checker
Pick your state, enter your payment claim date — see when the payment schedule is due, what silence means, and your adjudication window. Free, runs in your browser.
State-by-state payment law
Every state and territory runs its own Security of Payment Act. The state guides cover the statute, the deadlines and the local traps:
General information for Australian subcontractors, not legal advice. Written by Mat Kennedy at The Construction Contracts Co.