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Building disputes - Security of payment

If you work in the building industry and have a client who is not paying the debt that they owe you, you can take the following steps:

  1. Serve a Claim for Payment upon the person or business
  2. The person must respond within 10 days for commercial building work, or 20 days for residential building work with a payment schedule
  3. If a Payment Schedule is not received the Builder can get an adjudicator for a ruling
  4. If the adjudicator decides the amount needs to be paid then the debtor must pay it within 5 days unless another date is set by the adjudicator
  5. If the amount is not paid by the due date then the builder can ask the named authority for an adjudication certificate
  6. The builder takes the adjudication certificate to a court registry to be enforced as a judgement debt
  7. The builder can also serve notice on the debtor to say they are stopping work on the building work.

Related information

Updated: 26 May 2020

This page has been produced and published by the Consumer Building and Occupational Services Division of the Department of Justice. Although every care has been taken in production, no responsibility is accepted for the accuracy, completeness, or relevance to the user's purpose of the information. Those using it for whatever purpose are advised to verify it with the relevant government department, local government body or other source and to obtain any appropriate professional advice. The Crown, its officers, employees and agents do not accept liability however arising, including liability for negligence, for any loss resulting from the use of or reliance upon the information and/or reliance on its availability at any time.