How do I make a Queensland security of payment claim?

First check whether Chapter 3 applies

This guide concerns contracts covered by Chapter 3 of the BIF Act. Section 61 excludes a domestic building contract with a resident owner to the extent it concerns the home where that owner lives or intends to live. Other exclusions also apply. A subcontract with a builder has different parties from a direct contract with that homeowner, so check your own contract.

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The three required elements

Under the Building Industry Fairness (Security of Payment) Act 2017, the QBCC says a payment claim must contain all of these: it identifies the work or goods and services the claim relates to, it states the amount claimed, and it requests payment of that amount.

Check these core elements even when using your usual invoice. Also check any prescribed information and supporting-statement obligation. Section 75 requires a supporting statement for the head-contract situation it describes; a tax invoice is not automatically a complete claim for every contract.

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Reference dates

A reference date is the date from which you can submit a claim. It is the date stated in your written contract or, if the contract states none, the last day of the month the work was carried out or goods and services were delivered. A contract may set one date or several, and may set separate dates for progress claims, a final claim and claiming retentions.

Only one claim can be given for each reference date. It can include work up to that date and any outstanding amounts from earlier claims. The QBCC says a claim submitted before a reference date may be invalid and may limit access to options such as adjudication. You can still claim for completed work without a written contract or without stated reference dates.

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Three clocks that differ

Keep these separate. The current Act, particularly sections 73, 75 and 76, is the authority if a short agency summary differs.

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Checklist and template

The QBCC checklist: follow the payment terms in your contract, issue only one claim per reference date, send on or after a reference date, and send within the Act's maximum timeframes. The template below is original and adds no statutory wording.

PAYMENT CLAIM No. [00]
Date given: [DD/MM/YYYY]
Reference date relied on: [DD/MM/YYYY] (contract clause [x], or the last day of the month the work was carried out if the contract states none)

To (respondent): [name of the person or company responsible for paying]
From (claimant): [your name, ABN, address]
Contract: [reference, date, site address]

1. Work, goods and services claimed
[Describe the work or goods and services this claim relates to, for example: rough-in, level 1, contract item 3, completed to DD/MM/YYYY]

2. Amount claimed
Work up to the reference date: $[ ]
Outstanding from earlier claims: $[ ] (claim no. [ ])
Total amount claimed: $[ ]

3. Request for payment
I request payment of $[total] by the due date: [date under the contract] / [if the contract states none, 10 business days after this claim is given to you].

Payment details: [bank details or payment link]

[Head contractor claiming from a principal on a non-residential construction contract: supporting statement attached.]

Signed: ____________________   [Name]

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Pay when paid and scope

The QBCC says 'pay when paid' provisions are void under the Act. This guide does not cover adjudication or terminated contracts. Use the QBCC and a lawyer for those.

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Common questions

What is a security of payment claim?

For a contract covered by Queensland's BIF Act, it is a written request identifying the work or related goods/services, stating the amount and requesting payment. Eligibility, timing and other applicable requirements also matter.[1][4]