Security of Payment payment claim preparation checklist
The Building and Construction Industry Security of Payment Act 1999 (NSW) gives claimants a fast statutory process to recover progress payments. This checklist is for construction lawyers preparing a payment claim.
This is a 12-step checklist for preparing a Security of Payment Act payment claim in NSW. It covers entitlement, reference date, content, service, and follow-up.
The checklist
Confirm construction contract
Confirm the arrangement is a construction contract covered by the SOPA.
Identify reference date
Identify the reference date on which the entitlement accrues under the contract or the Act.
Confirm no prior claim on same reference date
Confirm no earlier payment claim has been served on the same reference date.
Identify scope of claim
Identify works, goods and services performed up to the reference date.
Calculate claimed amount
Calculate the claimed amount by reference to contract rates or reasonable value.
Identify contract clauses
Identify the contract clauses supporting the claimed entitlement.
Draft payment claim
Draft the payment claim identifying the work claimed and amount sought.
Include statutory endorsement
Include the endorsement stating the claim is made under the SOPA.
Attach supporting documents
Attach progress claim schedules, photos, measurements, and variation records.
Serve the claim
Serve the claim on the respondent per the contract's service provisions.
Diarise payment schedule deadline
Diarise the 10 business day deadline for a respondent payment schedule.
Plan next steps
Plan adjudication or court proceedings if no payment schedule or payment is received.
When this checklist applies
Use when preparing a SOPA payment claim on a NSW construction matter.
Common pitfalls
- Missing reference date entitlement
- Payment claim served with no statutory endorsement
- Scope of claim too vague to identify
- Not diarising the payment schedule deadline
- Claim served on wrong entity
Run this checklist on a real matter
Quillio can prepare a compliant SOPA payment claim and diarise adjudication deadlines. See /practice-areas/construction-lawyers or start a free trial.
General guidance for NSW SOPA payment claims. Always verify against current NSW legislation and case law.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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