QLD GUIDE
Payment claims under Queensland's BIF Act: a subcontractor's practical checklist
How to prepare, serve and track payment claims under Queensland's Building Industry Fairness (Security of Payment) Act 2017, written as a working checklist for subcontractors.
Items marked verify refer to legislation or regulator guidance that changes over time. Check the linked official source before relying on them.
Getting paid for work done is the whole point, yet many Queensland subcontractors lose leverage through small administrative slips: a claim sent to the wrong address, a deadline missed by a day, or a payment schedule that nobody read closely. The Building Industry Fairness (Security of Payment) Act 2017 (the BIF Act) verify gives subcontractors a statutory right to progress payments and a fast adjudication process. Those rights depend on getting the paperwork right.
This checklist is for subcontractors on commercial building, civil and industrial electrical projects in Queensland. It is general information, not legal advice. Timeframes and requirements in the Act and your contract can change and interact in complicated ways, so every time limit below is marked verify. Check the current Act, the QBCC's commercial payment dispute guidance, and get advice for anything significant.
Before the first claim: set up the job
Most payment disputes are decided by what happened in the first two weeks of a job. Before you start work:
- Read the payment clause. Note the contractual reference date or claim date (often the last day of each month), the payment terms, and the address or portal for serving claims.
- Record who receives claims. Name, email and, where required, a physical address. Contracts often specify how notices must be given. Follow that method exactly.
- Check the payment period. The BIF Act sets maximum payment periods for some contracts and limits how far a contract can push payment out verify. If the contract term looks longer than the Act allows, check how the Act treats it.
- Check whether project trust or retention trust rules apply. See the QBCC's trust account guidance verify. If your money should be held in trust, you're entitled to know.
- Set up a claim register (a simple spreadsheet works): claim number, date served, amount, method of service, due date for schedule, due date for payment, amount scheduled, amount paid, notes.
What a valid payment claim must contain
Under the BIF Act, a payment claim generally needs to do three things verify:
- Identify the construction work (or related goods and services) the claim relates to.
- State the amount of the progress payment you claim is payable.
- Request payment of that amount.
Earlier versions of Queensland's security of payment rules required a statement that the claim was made under the Act. Amendments changed this, so an invoice can now operate as a payment claim if it meets the requirements verify. Many subcontractors still include a short statement for clarity; it does no harm.
Practical checklist for each claim:
- Contract or purchase order number, project name and site address.
- Claim number and reference date or period covered.
- An itemised breakdown that maps to the schedule of rates or contract breakdown: original scope progress (% or quantities), agreed variations, and claimed variations listed separately.
- Supporting evidence: marked-up drawings, photos, dockets, signed day-work sheets, test records.
- Total amount claimed (state whether GST-inclusive) and less amounts previously paid.
- A clear sentence requesting payment, e.g. "We request payment of $X."
- Your entity name and ABN exactly as on the contract.
For electrical and HV/LV packages: attach progress evidence that a non-electrical commercial manager can follow. Cable schedules with metres installed and terminated, a list of switchboards or RMUs set and tested, and signed ITP sheets make it much harder to argue that work isn't complete.
Timing: when you can claim and how late is too late
- Claim on or after each reference date or claim date set by the contract. If the contract is silent, the Act provides a default (generally the last day of the month) verify.
- One claim per reference date. Don't send a second claim for the same period; instead include the amounts in the next claim.
- Time limits apply to giving a claim after the work was last carried out, and different limits apply to final claims after practical completion or the end of the defects liability period verify. Diarise these at the start of the job, not at the end.
- Keep proof of service: sent emails with attachments, portal upload receipts, courier tracking. Disputes about whether a claim was received are common.
The payment schedule: read it the day it arrives
If the head contractor (the respondent) intends to pay less than the claimed amount, it must give you a payment schedule within the time allowed by the Act or the contract, whichever is shorter verify. The schedule must state the amount it proposes to pay and, if less than claimed, the reasons verify.
- Log the date received in your register.
- Compare line by line: what was accepted, reduced or rejected, and why.
- Note every reason given. In adjudication, the respondent is generally limited to the reasons stated in its schedule verify. A vague schedule is a weakness for them, not you.
- If no schedule arrives in time, the respondent may become liable for the full claimed amount, and different steps and time limits apply verify. Do not let this pass without action.
- Diarise the payment due date. The scheduled amount still has to be paid by the due date.
When payment doesn't arrive: your options
If you aren't paid the scheduled amount by the due date, or the schedule is less than you claimed, the BIF Act provides several routes verify. Which suits depends on the amount, relationship and evidence.
- Talk first, in writing. A short email that references the claim, the schedule and the due date often fixes administrative delays.
- Adjudication. A fast, interim process through the QBCC's adjudication registry. You must apply within strict time limits after receiving the schedule or after the due date passes verify. See the QBCC's how to apply for adjudication page.
- Recovery as a debt in court for unpaid amounts in some situations verify.
- Suspending work after giving the required notice, where payment has not been made verify. Get advice before suspending; getting it wrong can put you in breach.
- Payment withholding requests, which can require a higher-tier party to withhold money owed to the head contractor in some circumstances verify.
The adjudication time limits are short and are measured in business days. Count them carefully against Queensland public holidays and the Christmas shutdown period, which the Act may treat differently verify.
Preparing an adjudication application
If you go down this path, the quality of your evidence matters more than the strength of your feelings. Most of it should already exist if you followed the setup steps above:
- The contract and any variations or directions.
- The payment claim exactly as served, plus proof of service.
- The payment schedule (or evidence none was received).
- Your claim register showing dates.
- Evidence for each disputed item: photos, dockets, emails agreeing variations, test records.
- A short submission addressing each reason in the schedule, item by item.
Many subcontractors use a lawyer or claims consultant for adjudication, particularly for larger amounts. Even if you do, having this file organised saves fees and time.
Common mistakes that cost subcontractors money
- Serving claims to a site email that isn't the contractual notice address.
- Bundling disputed variations with undisputed contract work so the whole claim gets queried.
- Missing the time limit for a final claim after the defects period.
- Not reading the payment schedule until the money doesn't arrive.
- Carrying out variations on verbal instructions with no written record.
- Signing contracts with payment terms nobody checked against the Act.
A simple monthly routine
- Two days before the reference date: update quantities and collect evidence.
- On the reference date: issue the claim, save proof of service, update the register.
- When the schedule arrives: compare, note reasons, respond in writing to anything unclear.
- On the due date: check payment received and reconcile.
- If anything is short: decide your next step well before the time limit closes.
Payment claims are one part of being a well-run subcontractor. If you'd like to see how the rest of your business paperwork stacks up, including licensing, insurance, WHS, quality and contract admin, try the free Subcontractor Readiness Scorecard. For prequalification specifically, see our QBCC prequalification checklist.
This guide is general information only, not legal advice. The BIF Act and its regulation are amended from time to time, and your contract terms matter. Check every item marked verify against the current Act on legislation.qld.gov.au and QBCC guidance, and seek legal advice for disputes.
