NSW Security of Payment

Security of Payment works differently depending on which side you are on.

The Building and Construction Industry Security of Payment Act 1999 (NSW) sets strict time limits for the party claiming payment and the party responding. Choose your position to see the deadlines and next steps that apply to you.

I am a claimant

I am owed money on a NSW construction project

For builders, subcontractors, suppliers and consultants who have carried out work or supplied goods and have not been paid in full.

Serve a valid payment claim under the Act
Recover the amount when no payment schedule is served
Take a disputed or unpaid claim to adjudication

10business days to adjudicate a disputed schedule

Get paid

I am a respondent

I have been served with a payment claim

For principals, head contractors and developers who have received a payment claim and need to respond correctly and within time.

Serve a compliant payment schedule in time
Set out every reason for withholding payment
Prepare an adjudication response if the matter proceeds

10business days to serve a payment schedule

Respond in time

Not sure where you stand?

Check your position in about two minutes.

Answer a few questions to see, as general information, the time limit that may apply to you and a suggested next step.

Check my position

Construction & engineering lawyers

Why Kreisson for Security of Payment

Both sides of the Act

We act for claimants and respondents, so we know how the other side will run the matter.

Built for strict deadlines

Security of Payment turns on business-day time limits. We work to them.

Construction law experts

For over 20 years Kreisson has acted exclusively in Australian construction and engineering law.

Disclaimer: The information on this page is general information about the Building and Construction Industry Security of Payment Act 1999 (NSW) and is not legal advice. Statutory timeframes and rights summarised here are a guide only, can be affected by your contract and the facts of your matter, and should not be relied on without advice. Using this page does not create a lawyer–client relationship. Liability limited by a scheme approved under Professional Standards Legislation. © Kreisson Legal. All rights reserved.