How do I make a Victorian security of payment claim?

Does the Act apply?

The Victorian BPC's guidance (last updated 14 September 2026) says the Act applies to most contracts to carry out construction work or supply related goods and services, whether written, oral or both. It does not apply to contracts for domestic building work with a building owner unless the owner is in the business of building residences and the contract is made in the course of, or in connection with, that business.

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When you can claim

A claim can be served on and from the last day of the month in which work was first carried out or goods or services first supplied, and then on and from the last day of each later month. It can be served earlier if the contract provides an earlier time, but a contract cannot set a later date.

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Outside limit and contents

The latest time to serve a claim is the later of the time specified in the contract, or 6 months after practical completion of all construction work, or 6 months after the supply of all related goods and services to be supplied.

The claim must identify the work or goods and services, and indicate the claimed amount. The amount must take into account the contract price, any other rates or prices in the contract and the estimated cost of rectifying any defect. It must also say it is made under the Act, using the wording in the answer above.

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Serving it, and a checklist

Serve the respondent in the way the contract requires. Otherwise it can be delivered in person, left at their ordinary place of business, posted to it, or served in any manner they have instructed as acceptable. It can also be served on their agent. The regulator offers a sample payment claim form, SOP-SFM-001.

VICTORIAN PAYMENT CLAIM CHECKLIST

[ ] Act applies: the contract is not domestic building work with an owner who is not in the business of building residences
[ ] Contract and any variations located; contract service rules read
[ ] Work or related goods and services identified: [ ]
[ ] Claimed amount stated: $[ ] (contract price, other contract rates, and estimated cost of rectifying any defect considered)
[ ] Statement included exactly: This is a payment claim under the Building and Construction Industry Security of Payment Act 2002
[ ] Date check: last day of the month work first carried out, then each later month; December adjustments checked (1 to 21 December: from 22 December; 22 to 31 December: from 31 January)
[ ] Outside limit worked out: later of contract time or 6 months after practical completion or supply: [DD/MM/YYYY]
[ ] Served on: [respondent or agent], by [method allowed by the contract or Act], on [DD/MM/YYYY]
[ ] Proof of service kept: [ ]
[ ] Copy of claim and supporting documents saved

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Common questions

What is a security of payment claim?

The Victorian BPC says a payment claim under the Act is a claim for a progress payment. It must identify the work or related goods and services, indicate the claimed amount and carry the Act statement.[1]