NSW Subcontract Review — Free Security of Payment Risk Scanner
Upload a NSW subcontract and get a free clause-by-clause risk report in about 90 seconds, scored against the Building and Construction Industry Security of Payment Act 1999 (NSW) and market norms. It flags the payment terms, liquidated damages, time bars, set-off rights and retention that cost subcontractors money — before you sign.
Scan a NSW subcontract freeNew South Wales payment law — the facts that matter
Statute: Building and Construction Industry Security of Payment Act 1999 (NSW)
- NSW's Security of Payment Act 1999 was Australia's first — the model most other states copied.
- Head contractors must pay subcontractors within 20 business days of a payment claim, whatever the contract says.
- A respondent has 10 business days to serve a payment schedule. Silence makes the full claimed amount a debt due and bars their defences at adjudication.
- Retention money owed to subcontractors on larger projects must be held in trust.
Why New South Wales contracts need their own analysis
NSW subcontracts are frequently drafted with payment terms longer than the statutory 20-business-day cap, buried set-off rights, and time bars shorter than the market's already-aggressive 5-business-day norm. Because the Act can't be contracted out of, the report calls out every clause that collides with it — those clauses are void, and knowing that changes a negotiation.
What every NSW report scores
- Payment terms and SOP Act compliance
- Liquidated damages exposure — rate, and whether there's a cap
- Set-off and back-charge rights
- Time bars on EOT and variation claims
- Termination and suspension
- Indemnity and insurance
The three worst findings come with a recommended negotiating position — specific figures and drafting changes, not just a warning.
New South Wales subcontract questions, answered
Can a NSW subcontract make me wait longer than 20 business days for payment?
Not lawfully for a head contractor paying a subcontractor — the Act caps it at 20 business days from the claim, and a longer contractual term is void on that point. Contracts still try it; the scanner flags it when they do.
What are the riskiest clauses in NSW subcontracts?
In the contracts we analyse: uncapped liquidated damages, absolute time bars that extinguish EOT and variation claims entirely, set-off without notice, and termination for convenience with no compensation for demobilisation. Each is scored in every NSW report with a recommended position.
Is the NSW subcontract scanner really free?
Yes. No account, no card, no trial period — upload a subcontract PDF and the full report appears on screen in about 90 seconds, with a copy emailed to you and a PDF download. Fair-use limits apply so the tool stays available to everyone.
Is my contract kept confidential?
Yes. Documents are stored privately in Australia, never published, never shared with any other user or any party to your contract, and deleted within 12 months. You can ask for your documents and records to be deleted at any time and it's actioned within 7 days.
Is the report legal advice?
No. It's AI-generated commercial risk analysis — a way to understand your position under New South Wales law and market norms before you sign or negotiate. For decisions with legal consequences, take the report to a construction lawyer; it makes that conversation faster and cheaper.
Not being paid on a NSW job?
Claim Pro assesses your payment dispute under the Security of Payment Act— your likelihood of success, the builder's likely defence, and exactly what to do next. Also free.
Assess my dispute freeThe report is AI-generated general information, not legal advice. Documents are confidential — never shared, never published. Built by Mat Kennedy at The Construction Contracts Co.