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Suspension notice template — stop work lawfully, not by walking off

Downing tools over an unpaid invoice feels like justice - done wrong, the law calls it repudiation and hands the builder the termination clause. Done right, suspension is protected: security of payment legislation in every state gives you a lawful path to stop work when you are not paid. The sequence is everything, and it starts with this notice. Most of the time, the notice alone gets the payment released.

When to use it

A payment claim's due date has passed and the amount is unpaid
An adjudicated amount has not been paid
You want the payment released without ever actually suspending - the notice is the lever

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

NOTICE OF INTENTION TO SUSPEND WORKS

Contract: [subcontract title / number]
Project: [project name]
Date: [date]
To: [head contractor], Attention: [contract administrator / director]

1. This notice is given under section [X] of the Building Industry Fairness (Security of Payment) Act 2017 (QLD) [and clause [X] of the subcontract].

2. On [date], [subcontractor company] served a payment claim on [respondent] for $[amount] (the Claimed Amount) in respect of [work / claim period].

3. [Select the trigger that applies:]
   (a) The due date for payment of the Claimed Amount, [date], has passed and $[amount] remains unpaid; or
   (b) [Respondent] failed to provide a payment schedule within the time allowed by the Act and has not paid the Claimed Amount; or
   (c) An adjudicated amount of $[amount], determined on [date], has not been paid within the time allowed by the Act.

4. TAKE NOTICE that unless payment of $[amount] is received within the period required by the Act after this notice [insert your state's statutory period - e.g. two business days in New South Wales - verify the section and period for your state before serving], [subcontractor company] intends to suspend the carrying out of construction work under the contract, as the Act entitles it to do.

5. Any suspension will be exercised strictly in accordance with the Act. [Subcontractor company] reserves all rights under the contract and at law, including to recover the unpaid amount and interest.

Signed: [name, position]
[company]

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

The sequence is everything

Valid claim, due date passed (or no schedule, or unpaid adjudicated amount), written notice under the Act, statutory period expires - then, and only then, tools down. A phone call is not notice. A disputed invoice is not a due amount. One step wrong and protection becomes repudiation.

Verify the section and the period before serving

Every state's Act has its own suspension section and notice period, and they change. Look up the current section number and period for your state - or get advice - before this notice goes out. The template deliberately leaves them as placeholders.

Expect the notice to do the work

A crew off site is the one thing the builder's program cannot absorb, and they know it. Correctly served, this notice usually gets the payment released before any suspension starts.

Northern Territory works differently

The NT runs a different security of payment model from the other states. If your contract is in the NT, check the Construction Contracts (Security of Payments) Act 2004 (NT) mechanics before relying on an East Coast-style sequence.

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 90 seconds — benchmarked against real Australian subcontracts.

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Common questions

Can the builder terminate my contract for suspending?

Not lawfully, if the suspension is exercised correctly under the Act - a valid statutory suspension is not a breach of contract. That protection is exactly why the sequence matters: suspension outside the Act's process is just stopping work, and that can be repudiation.

Can I suspend over a disputed invoice?

No - the statutory right attaches to amounts that are due under the Act's machinery: an unscheduled claim after the deadline, an unpaid scheduled amount after the due date, or an unpaid adjudicated amount. A merely disputed invoice is not yet a due amount. Check which trigger you actually hold before serving.

Do I have to return to work once I'm paid?

Yes - the Acts require you to resume within a set period after payment. The suspension protects your position; it is not a termination.

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.