Supporting statement
Written declaration head contractors must attach to a payment claim on the principal under NSW SOP Act s13(7), confirming all subbies are paid in full to date.
Ask Chalkline about this →A supporting statement is the written declaration a head contractor must attach to a payment claim served on the principal (owner-developer) under NSW Security of Payment Act 1999 section 13(7). The statement declares that all subcontractors have been paid all amounts due and payable to them as at the date of the payment claim.
It applies only to head contractors claiming from the principal at the top of the contractual chain. Subcontractors claiming downstream from a head contractor or another subcontractor do not attach one.
What it must say:
- Identifies the payment claim it accompanies (claim number and date).
- Declares that, as at the date of the claim, all subcontractors are paid all amounts due and payable.
- Specifies the period covered.
- Signed by the head contractor or an authorised officer.
The form is prescribed by Schedule 1 of the Building and Construction Industry Security of Payment Regulation 2020 (NSW).
Why it matters: a missing or defective supporting statement defeats the SOPA pathway for that payment claim. The principal can refuse to engage, and the claimant loses the right to adjudicate that reference period.
Penalties for a false statement (verified 2026-05-15, NSW Government, Authorised nominating authorities):
- Body corporate: maximum 1,000 penalty units.
- Individual: maximum 200 penalty units, or 3 months imprisonment, or both.
Build the supporting statement from your accounts payable records each pay run. Signing from memory creates exposure.
Also known as: s13(7) statement, head contractor supporting statement.
Category: Contracts / SOPA / NSW.
Related
- Adjudication under SOPA: the full process
- Security of Payment Act NSW
- Adjudication application: NSW SOPA practical checklist
See also
Last updated: 2026-05-15. Verified: 2026-05-15.