How do I make an ACT security of payment claim?

Check the Act applies first

The current Act (reprint R14, effective 6 December 2025) does not apply to a construction contract for insurable residential building work if a resident owner is a party, to the extent the contract relates to a building or part where the resident owner lives or intends to live. A resident owner does not include a person who is or should be licensed as an owner-builder. Do not assume every homeowner job is in or out. Check who the owner is and the work involved.

The Act also excludes contracts where the consideration is not worked out by the value of the work, and work carried out outside the ACT.

Sources[1]

Contents and timing

A claimant may give a payment claim on or after the last day of the calendar month in which work was first carried out or goods first supplied, and each later month. The contract can set an earlier day, and if the contract is terminated the claim may be given on the day of termination.

A claim may be given only before the later of the end of the period under the contract and 12 months after the work was last carried out or goods last supplied. Only one claim may be given for each calendar month unless the contract allows more. A claim can include more than one progress payment and amounts from a previous claim.

The ACT Government says the 2024 amendments removed the concept of a reference date, and that monthly claims are permitted, not required.

Sources[1][2]

Due date and payment schedule

The ACT Government states the statutory payment timeframe as the earlier of 15 business days after the claim is given and the day payment becomes payable under the contract. The payment schedule is due within the earlier of the time the contract requires and 10 business days after the claim is given. If the respondent gives no schedule in that time, the Act makes the respondent liable to pay the claimed amount on the due date.

Keep these dates apart in your record. Business days are not calendar days.

Sources[1][2]

Working draft and admin check

This draft and checklist are our recommended workflow, not a statutory form.

PAYMENT CLAIM
This is a payment claim made under the Building and Construction Industry (Security of Payment) Act 2009 (ACT).

To: [respondent name and address for service]
From: [your business name, ABN]
Contract: [reference and date]

Construction work or related goods and services:
[Describe the work, site and period it relates to]

Claimed amount: $[amount]
Includes amounts from an earlier claim: [yes / no, which]
Includes retention claimed as due for release: [yes / no]

Date given: [DD/MM/YYYY]
Signed: [name]

ADMIN CHECK (not part of the claim)
[ ] Act applies, resident owner and owner-builder position checked
[ ] First eligible date and any earlier contract date noted
[ ] Claim window end date checked against the contract and 12 months after last work or supply
[ ] One claim for this calendar month unless contract allows more
[ ] Service method and proof of service decided with advice
[ ] Schedule and due dates diarised in business days

Sources[1][2]

Service and adjudication

The Act notes that how documents may be served is governed by the Legislation Act. The ACT Government says an unpaid claim can go to an authorised nominating authority (ANA) for adjudication. Get advice on valid service and on your adjudication deadlines before you rely on a draft, because they depend on your facts.

Sources[1][2]

Common questions

What is a security of payment claim?

In the ACT it is a payment claim given under the Act by a person who is or claims to be entitled to a progress payment. It must identify the work or goods and services, state the claimed amount and state that it is made under the Act.[1]

What does sopa apply to?

The ACT Act applies to construction contracts, subject to exclusions. These include some financial institution contracts, insurable residential building work with a resident owner, contracts where payment is not worked out by the value of the work, employee provisions and work outside the ACT.[1]