Payment claim (Security of Payment Act)

A payment claim is the statutory form of progress claim served under each state’s Security of Payment Act (SOPA). Each Act allows a contractor or subcontractor who has done work to issue a payment claim, then forces the receiving party to either pay it in full or serve a payment schedule explaining what they will pay and why. A payment claim is not a generic invoice; it is a statutory document that unlocks the SOPA enforcement pathway (adjudication, debt recovery, suspension of work).

Content requirements (state-specific):

State	Key rules
NSW (SOPA 1999)	Must identify the work, claim an amount, state that it is made under the Act, be served on a reference date.
Vic (SOPA 2002)	Similar to NSW; must identify work and amount, state the Act, serve on reference date.
Qld (BIFA 2017)	Embedded in the Building Industry Fairness Act; “supporting statement” disclosure required for head contractor claims.
WA (SOPA 2021)	New regime modelled on east-coast Acts; trust account rules layered on.
SA (BCISPA 2009)	Mirrors NSW model.

Common builder errors:

• Calling a regular invoice “a payment claim” without meeting the statutory content rules: loses the SOPA enforcement leverage.
• Issuing multiple claims for the same reference date: only one valid claim per reference date in most jurisdictions.
• Failing to identify the work claimed: claim can be challenged as defective.
• Wrong delivery method: each Act prescribes service rules (email, post, hand delivery); a non-compliant service date can void the timetable.

What follows a payment claim:

1. Recipient has a strict response window (typically 10-15 business days, state-specific) to serve a payment schedule.
2. No payment schedule + no payment: claimant can recover the claimed amount as a statutory debt OR proceed to adjudication.
3. Payment schedule served: dispute over the scheduled amount goes to adjudication.

For builders:

1. Use SOPA-compliant payment claim templates for all progress claims. The leverage of a statutory claim over a generic invoice is significant.
2. Track reference dates in the contract. Each contract has a reference date pattern (monthly, fortnightly, on milestone). Claims must align.
3. Diary the response window the day you issue a claim. If no payment schedule lands by the deadline, the recovery pathway is immediate.

Also known as: SOPA payment claim, progress claim under SOP Act, statutory payment claim.

Category: Contracts / payments / SOPA.

Related

• SOP Act NSW
• SOP Act Vic
• SOP Act WA
• Adjudication process

See also

• Payment schedule
• Reference date

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Last updated: 2026-05-15. Verified: 2026-05-15.