Payment claim template for Western Australia: the progress claim that starts the clock
A payment claim is not just an invoice. Served properly under the Building and Construction Industry (Security of Payment) Act 2021 (WA), it forces the builder to answer within a fixed time or owe the full amount. This template is a complete WA progress claim: the cover, an itemised schedule of work, variations, retention and the totals, ready to fill in.
- Every progress claim, on the date the contract or the Act allows
- Your final claim at the end of the job
- Any time you want the Act's timetable running on an unpaid amount
The Western Australia rules for this claim
- "Made under the Act" statement
- Include it. The template states the claim is made under the Act; it removes any argument and does no harm.
- Builder's payment schedule
- Due within 15 business days of receiving your claim, or earlier if the contract says so.
- If no schedule arrives
- The full claimed amount generally becomes a debt due, and the builder loses its chance to raise reasons against it at adjudication.
- Payment terms
- Payment terms for subcontractors are capped at 25 business days under the 2021 Act.
- Adjudication
- Building and Energy, WA (DEMIRS), authorised nominating authorities. Adjudication is through authorised nominating authorities, overseen by Building and Energy (DEMIRS).
- Watch out for
- The 2021 Act applies to contracts entered into from 1 August 2022. Older contracts sit under the Construction Contracts Act 2004 (WA), a completely different regime with a 90-business-day window from the payment dispute arising. Always check the contract date first.
From our Western Australia Security of Payment notes, checked 20/08/2026. More on WA payment terms and WA adjudication.
PAYMENT CLAIM NO. [X] [Subcontractor company name, ABN] [Address, phone, email] Date of claim: [date] To: [respondent legal entity exactly as named in the subcontract, ABN] Attention: [contract administrator] Contract: [subcontract title / number] dated [date] Project: [project name / site address] Work claimed: work carried out up to [date] This is a payment claim made under the Building and Construction Industry (Security of Payment) Act 2021 (WA). Claimed amount: $[amount] excluding GST ($[amount] including GST) SCHEDULE OF WORK CLAIMED Item | Description of work | Contract value | % complete | Value to date 1 | [e.g. rough-in, levels 1 to 3] | $[amount] | [%] | $[amount] 2 | [e.g. switchboards supplied and installed] | $[amount] | [%] | $[amount] 3 | [add a row for each part of the scope] | $[amount] | [%] | $[amount] VARIATIONS CLAIMED Variation | Description | Directed by and date | Amount [V1] | [description] | [name, date] | $[amount] [V2] | [description] | [name, date] | $[amount] SUMMARY Line | Amount (ex GST) Value of contract work to date | $[amount] Value of variations to date | $[amount] Total value to date | $[amount] Less retention held ([5]%) | $[amount] Less amounts previously paid | $[amount] Amount claimed this claim | $[amount] GST | $[amount] Total claimed including GST | $[amount] Supporting documents attached: [progress photos / delivery dockets / variation register / site instructions]. Please send any payment schedule in response to this claim to [email address]. Signed: [name, position] [company]
Using it well
Common questions
Does a payment claim in Western Australia have to say it's made under the Act?
Include it. The template states the claim is made under the Act; it removes any argument and does no harm.
How long does the builder have to respond to a payment claim in Western Australia?
15 business days after receiving it, or a shorter time if the contract says so. The response is a payment schedule stating what the builder will pay and why it is paying less, if it is.
What happens if the builder doesn't respond to my payment claim?
Under the East Coast Acts, a builder that doesn't serve a payment schedule in time generally becomes liable for the full claimed amount, which you can recover as a debt or take to adjudication, and it loses the chance to raise reasons at adjudication.
Keep reading
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.