Notice of dispute template: start the contract's dispute process properly

Most subcontracts won't let you go to court until you have served a written notice of dispute and gone through the dispute resolution steps the contract sets out: a meeting, then mediation or expert determination. Many also time-bar a dispute that isn't notified within a set period. This notice starts that process properly. It sits alongside, not instead of, your rights under the Security of Payment Act.

When to use it

A variation, delay claim, back charge or final account is rejected and talking hasn't fixed it
The builder has assessed liquidated damages or a defects deduction you don't accept
Your contract requires a notice of dispute before any other step

In the Word and PDF: The notice of dispute; A table of the matters in dispute and amounts; The request for the senior representatives' meeting. Every [placeholder] is highlighted so nothing gets missed.

Where is the work? (sets the Act referenced in the template)

NOTICE OF DISPUTE

[Subcontractor company name, ABN]
Date: [date]
To: [respondent legal entity, ABN], Attention: [contract administrator / senior representative]
Contract: [subcontract title / number]
Project: [project name / site address]

This is a notice of dispute under clause [X] of the subcontract.

The dispute
Matter | Amount | Our position in brief
[e.g. Variation [no. X], [description]] | $[amount] | [directed by [name] on [date]; valued at contract rates]
[e.g. Liquidated damages assessed [date]] | $[amount] | [delay caused by [event]; EOT claimed on [date]]
[e.g. Back charge [ref]] | $[amount] | [no notice or particulars given; work was not ours]

Total in dispute: $[amount] (ex GST)

The facts relied on
[Short chronology: dates of directions, notices, claims and the builder's responses, with document references.]

What we ask for
[e.g. Payment of $[amount] / an extension of time of [X] days and release of liquidated damages / withdrawal of the back charge].

Next step
Under clause [X], we request a meeting of senior representatives within [X] business days of this notice. Please propose a time and confirm who will attend for [respondent].

This notice does not limit or waive any of our rights under the subcontract or at law, including our rights under the Building Industry Fairness (Security of Payment) Act 2017 (QLD).

Regards,
[name, position]
[company]
[phone / email]

Download Word (.docx)Download PDF

Free to use and adapt. Replace every [bracketed placeholder] and verify the Act section and notice period for your state before sending.

Template, not legal advice. Your contract's clauses and your state's Act govern. Check both (especially clause numbers, notice periods and service requirements) before this goes out on a real dispute.

Using it well

Check the dispute clause for a time limit

Some subcontracts bar a dispute that isn't notified within a set period of the event or the builder's decision. Read the clause before you write, and serve the notice inside that period.

Don't let the contract process eat the Act's deadlines

A contract dispute process can take months. If the matter is a progress payment, your Security of Payment rights run on much shorter timeframes. Use both, in parallel.

Serve it the way the contract says

Use the notices clause: the right address, the right person, the right method. Keep proof of service.

The template protects the claim. The contract decides it.

Your notice windows, the clause numbers and whether the bar is absolute all live in your subcontract. The free scanner reads them in about two minutes, benchmarked against real Australian subcontracts.

Scan my contract free

Common questions

Do I have to serve a notice of dispute before adjudication?

No. Adjudication under the Security of Payment Act runs on its own timeframes and doesn't depend on the contract's dispute process. A notice of dispute is for disputes you want to resolve under the contract, and you can do both.

What should a notice of dispute include?

The clause it is given under, what is in dispute and how much, the facts you rely on, what you want, and the next step the contract requires. Keep it factual and short.

What happens after a notice of dispute?

Usually a meeting of senior representatives within a set period, then mediation, expert determination or arbitration if it isn't resolved, depending on the contract. Your dispute clause sets the steps and the timing.

Keep reading

Free 7-day email course

Learn to read a subcontract like a contracts specialist

One short email a day for seven days: time bars, LDs, retention, set-off, variations, and what to negotiate before you sign. Then it stops. No newsletter, no follow-up sequence, one-click unsubscribe.

General information and a starting-point template, not legal advice. Contracts and state Acts differ and change. Verify clause numbers, statutory sections, notice periods and service requirements before use, and get advice on a live dispute. Nothing on this page is uploaded or stored. Built by Mat Kennedy at The Construction Contracts Co.