The builder isn't paying me — what can I actually do?
Every Australian state and territory has Security of Payment legislation built for exactly this situation. The core mechanism: serve a valid payment claim, and the builder must respond within a fixed statutory window — if they don't, the full claimed amount becomes a debt due. Disputed claims go to rapid adjudication measured in weeks, not the years court takes, and non-payment of an adjudicated amount gives you the right to suspend work.
The sequence that works
First, keep claiming under the contract — a valid payment claim is the trigger for everything else, and in most states it no longer needs to say it's made under the Act. Second, watch the builder's response deadline: on the East Coast model that's a payment schedule due within 10 business days of your claim in NSW, VIC, TAS and the ACT, and 15 business days in QLD, SA and WA. Silence within that window is not neutral — it makes the full claimed amount a debt due and bars the builder from raising defences at adjudication.
Third, if the claim is scheduled at less than you claimed or simply not paid, adjudication is fast and built for working contractors: an independent adjudicator decides on the papers, typically within weeks. The Northern Territory runs a different model — no claim/schedule exchange, but a 90-day window to apply for adjudication once a payment dispute arises.
The mistakes that cost subbies their claim
The Acts are strict on timing. Missing the adjudication application window, serving the claim on the wrong entity, or misreading which regime applies (WA splits by contract date; Victoria's rules changed substantially from 15 April 2026) can sink an otherwise strong position. Before you spend money on advice, it's worth knowing exactly how strong your position is and which deadlines are live — that's what Claim Pro does, free.
Know where your contract stands
Claim Pro — likelihood of success, the builder's likely defence, and next steps under your state's Act.
Assess my payment dispute freeCommon questions
Can I suspend work if I'm not paid?
The Security of Payment Acts provide suspension rights when amounts aren't paid by the due date, exercised after giving the required statutory notice — in NSW, for example, two business days' notice. Suspending without following the Act's notice mechanics exposes you instead of protecting you, so confirm the trigger and the notice first.
How long does adjudication take?
It's the fastest formal remedy in construction: adjudicators typically determine within 10 business days of accepting the application on the East Coast model. The trade-off is strict application deadlines — the window to apply is short and missing it usually means starting again from a new payment claim.
Does it matter that I signed a contract with long payment terms?
Less than you'd think. Statutory payment rights can't be contracted out of, pay-when-paid clauses are void everywhere, and QLD, NSW and WA cap payment terms by statute. The contract matters, but it doesn't override the Act.
Keep reading
General information for Australian subcontractors, not legal advice — statutory deadlines and details vary by state and change over time; verify them before relying on them. Written by Mat Kennedy at The Construction Contracts Co.