QLD GUIDE
How to make a payment claim under the BIF Act (QLD): step-by-step guide
A plain-English, step-by-step walk through a payment claim under Queensland's Building Industry Fairness (Security of Payment) Act 2017: when you can claim, what the claim must say, how to give it, what the payment schedule rules mean for you, and what to do if you're short-paid or not paid at all.
Items marked verify refer to legislation or regulator guidance that changes over time. Check the linked official source before relying on them.
The Building Industry Fairness (Security of Payment) Act 2017 (the BIF Act) gives anyone who carries out construction work, or supplies related goods and services, under a construction contract in Queensland a statutory right to progress payments. It also gives you a fast way to enforce that right. Those rights only work if your payment claim is valid, given at the right time, and tracked through the payment schedule and payment stages.
This guide follows a claim from start to finish. It cites the relevant sections so you can read them yourself. Every timeframe below is marked verify: verify current requirements against the current Act on legislation.qld.gov.au and QBCC guidance before relying on it. The Act has been amended several times, and your contract can shorten some periods. It is general information, not legal advice. If you only want the one-page version, use our BIF Act payment claims checklist.
Step 1: confirm the BIF Act applies and find your reference dates
The Act applies to construction contracts for "construction work" and "related goods and services" in Queensland. The definition of construction work in BIF Act s 65 verify is broad. It expressly includes powerlines, industrial plant and the installation of lighting, power supply, fire protection, security and communications systems. Most electrical, HV/LV and building services subcontracts fall within it. There are exclusions, such as some contracts with resident owners for their own homes, so check BIF Act s 61 verify if your client is a homeowner.
Next, find your reference dates. A reference date is the date from which you're entitled to make a claim for a progress payment (BIF Act s 67 verify, BIF Act s 70 verify):
- If the contract sets one, it's the date stated in or worked out under the contract, for example "the 25th day of each month".
- If the contract is silent, it's the last day of the month in which work was first carried out, and the last day of each later month.
- If the contract is terminated and doesn't provide for reference dates to survive, the final reference date is the termination date.
Write every reference date for the job into your claim register on day one. Claiming before a reference date has arrived is one of the easiest ways to end up with an invalid claim.
Step 2: write a claim that meets section 68
Under BIF Act s 68 verify, a payment claim is a written document that:
- identifies the construction work or related goods and services the progress payment relates to;
- states the amount of the progress payment you claim is payable (the "claimed amount");
- requests payment of the claimed amount; and
- includes any other information prescribed by regulation (check the current BIF Regulation verify).
A document bearing the word "invoice" is taken to satisfy the request-for-payment requirement (s 68(3)) verify. You no longer need to state that the claim is made under the Act, though many subcontractors still add a line for clarity.
"Identifies the work" is where claims go wrong. The test is whether the respondent can understand what you are claiming for. In practice that means:
- The contract or order number, project and site, claim number and the reference date it relates to.
- A breakdown that follows the contract's schedule of rates or trade breakdown: item, contract value, percent or quantity complete, value to date, previously claimed, this claim.
- Variations listed separately: approved, submitted and disputed, using your variation register numbers. Our guide to variation notices that get paid covers the paperwork behind those lines.
- Retention, previous payments and GST shown clearly, ending in one claimed amount.
- Supporting evidence: marked-up drawings, cable schedules, ITP sheets, test results, photos, signed day-work dockets.
- A clear sentence: "We request payment of $X (incl. GST)."
The claimed amount can include amounts you're owed under a suspension (s 98(3)) and retention held under the contract that you say is due for release (s 68(2)) verify. A claim can also include an amount from a previous claim (s 75(5)) verify, which is how unpaid items roll forward.
What to put on your payment claim or invoice (QLD)
Most subcontractors send one document that works as the payment claim, the invoice and (if you're GST-registered) the tax invoice. That's fine, as long as it does all three jobs. Start with the legal minimum, then add the practical fields that make the claim easy to assess and hard to dispute.
The legal minimum: BIF Act s 68
Under BIF Act s 68 verify, a valid payment claim is a written document that:
- Identifies the construction work or related goods and services the payment relates to verify.
- States the claimed amount you say is payable verify.
- Requests payment of that amount. A document bearing the word "invoice" is taken to do this (s 68(3)) verify.
- Includes any other information prescribed by regulation verify.
It must also be given on or after a reference date, and only one claim per reference date (ss 67, 75(4)) verify. The old statement "This is a payment claim made under the BIF Act" is no longer required under the current Act verify. Some contracts still ask for it, so follow your contract, and adding it does no harm.
The practical fields to include
- Parties: the claimant's and respondent's full legal names (the entity on the contract, not a trading name alone), plus ABNs if registered. An individual without an ABN should still give their full legal name and address; the payer may withhold tax from payments if no ABN is quoted verify.
- Project and contract reference: project name, site address, subcontract or purchase order number.
- Claim number, the reference date it relates to, the date given, and the period covered.
- Itemised work against the schedule of rates or contract items: item, contract value, % or quantity complete, value to date, previously claimed, this claim.
- Approved variations listed separately, with variation numbers.
- Unapproved or claimed variations shown separately again, so the respondent can't treat the whole claim as disputed.
- Retention held to date, and any retention you claim is due for release.
- Previous claims and payments, then the amount of this claim.
- GST (only if registered) and the total including GST.
- Due date for payment under the contract (or the BIF Act default) verify.
- Payment details: account name, BSB and account number. Confirm changes by phone to guard against invoice fraud.
- Supporting evidence: photos, day-work dockets, timesheets, delivery records, test results and marked-up drawings.
- A clear request: "We request payment of $X (incl. GST) by [due date]."
How you give it, and proof
Give the claim to the respondent by the method and to the address in the contract's notices clause. BIF Act s 102 verify lets you serve in the way the contract provides (for example, by email), alongside the general rules in the Acts Interpretation Act. Note on the claim, or in your register, how and where it was given. Keep the proof: the sent email with attachments, the portal receipt, or a courier record. That date starts the schedule and payment clocks.
Tax invoice requirements (if GST-registered)
One document can be both a payment claim and a tax invoice. Under the ATO's tax invoice rules verify, a tax invoice for a sale under $1,000 must show that it's intended to be a tax invoice, the seller's identity and ABN, the date issued, a description of what was sold, the GST payable (or a statement that the total includes GST) and the extent each item is taxable. For sales of $1,000 or more, it must also show the buyer's identity or ABN. If you're not registered for GST, don't call it a tax invoice and don't charge GST.
Copy-paste claim and invoice checklist
| Field | What to write | Done |
|---|---|---|
| Document title | "Payment claim / Tax invoice" (tax invoice only if GST-registered) | ☐ |
| Claimant | Full legal name, ABN (if registered), address, contact | ☐ |
| Respondent | Full legal name and ABN of the party liable to pay under the contract | ☐ |
| Project / contract | Project, site, subcontract or PO number | ☐ |
| Claim number | Sequential, e.g. Claim 6 | ☐ |
| Reference date | The reference date this claim relates to (one claim only) | ☐ |
| Date given / period | Date issued and period covered | ☐ |
| Contract work | Item, value, % complete, value to date, previously claimed, this claim | ☐ |
| Approved variations | Separate lines with variation numbers | ☐ |
| Unapproved / claimed variations | Separate lines, marked as claimed | ☐ |
| Retention | Held to date and any release claimed | ☐ |
| Previous payments | Total paid to date | ☐ |
| This claim | Claimed amount excl. GST, GST (if registered), total | ☐ |
| Request for payment | "We request payment of $X by [due date]" | ☐ |
| Due date | Per contract or BIF Act default | ☐ |
| Payment details | Account name, BSB, account number | ☐ |
| Evidence attached | Photos, dockets, timesheets, delivery records, test results | ☐ |
| How given | Method and address per the contract notices clause (s 102) | ☐ |
| Proof of service | Sent email, portal receipt or courier record saved | ☐ |
Step 3: give the claim on time, once per reference date
Section 75 sets three rules for giving a claim verify:
- One claim per reference date (s 75(4)). A second claim for the same reference date can be invalid. Correct errors in the next claim instead.
- Progress claims must be given before the end of the longer of the period worked out under the contract and 6 months after the work was last carried out (s 75(2)) verify.
- Final claims must be given before the end of the longest of the contract period, 28 days after the end of the last defects liability period, and 6 months after completion of all the work (s 75(3)) verify.
Serving it. Give the claim to the person who is liable to pay under the contract (the respondent), in the way the contract's notices clause requires: the named representative, the stated email address or the project platform. Save the sent email with its attachments, or the platform receipt. Many disputes turn on whether, and when, a claim was given. The date you can prove is the date that starts the respondent's clock.
Step 4: diarise the payment schedule deadline
A payment schedule is the respondent's written answer to your claim. Under BIF Act s 69 verify it must identify the claim, state the amount (if any) it proposes to pay, and, if that's less than you claimed, state why, including its reasons for withholding payment.
Under BIF Act s 76 verify, the respondent must give you a payment schedule within whichever of these ends first verify:
- the period in the contract; or
- 15 business days after the payment claim is given.
It doesn't need to give a schedule if it pays the full claimed amount by the due date. If it gives a schedule, it must pay the scheduled amount by the due date. Failing to give a schedule when required, and failing to pay the scheduled amount, are offences with penalties, and can be grounds for QBCC disciplinary action (s 76) verify. QBCC explains the respondent's side in responding to a payment claim verify.
Business days under the BIF Act exclude weekends, public holidays in the place the act is done, and 22 to 24 December, 27 to 31 December and 2 to 10 January (Schedule 2) verify. Read the Schedule 2 definition of business day for the exact wording. Your contract may define business days differently for its own clocks.
Step 5: know the due date for payment
Under BIF Act s 73 verify, a progress payment is due on the day set by the contract or, if the contract is silent, 10 business days after the claim is made verify. The contract can't push this out indefinitely: "pay when paid" provisions have no effect (s 74), and the notes to s 73 point to the QBCC Act provisions that make a payment term in a subcontract longer than 25 business days void (QBCC Act s 67U) verify. Unpaid amounts attract interest (s 73(2)) verify.
Step 6: if there is no schedule, or a short-paid schedule
When the schedule (or the lack of one) arrives, you're in one of three situations. Each has different options and different clocks.
| What happened | Your main options | Adjudication window |
|---|---|---|
| No payment schedule given in time, and not paid in full | Respondent is liable for the full claimed amount on the due date (s 77). Recover as a debt, apply for adjudication, or give notice of intention to suspend (s 78) | 30 business days after the later of the due date and the last day a schedule could be given (s 79(2)(b)(i)) verify |
| Schedule given, but the scheduled amount isn't paid by the due date | Recover the unpaid scheduled amount as a debt, apply for adjudication, or give notice of intention to suspend (s 78) | 20 business days after the due date (s 79(2)(b)(ii)) verify |
| Schedule for less than the claimed amount | Accept, negotiate, or apply for adjudication of the difference | 30 business days after you receive the schedule (s 79(2)(b)(iii)) verify |
Before suing for the debt, you must give a warning notice in the approved form, no later than 30 business days after the due date, and then wait 5 business days (s 99) verify. A suspension needs a written notice that states it's made under the Act, and at least 2 business days must pass before you suspend (s 78(4), s 98) verify. Get advice before suspending; a defective suspension can put you in breach.
For a short-paid schedule, read the reasons closely. In adjudication, the respondent generally can't rely on reasons that weren't in its payment schedule (s 82(4)) verify. Our short-paid payment schedule response plan walks through reconciling line by line and responding in writing.
Step 7: adjudication basics and timeframes
Adjudication is a fast, interim process run through the QBCC's adjudication registry. A decision is binding for payment purposes, but the parties can still have their final rights decided later in court or arbitration. The QBCC explains how to apply for adjudication verify. In outline verify:
- Apply to the registrar in the approved form, within the window in the table above, identifying the claim and schedule and paying the prescribed fee (s 79(2)). Attach submissions and evidence (s 79(3)).
- Give the respondent a copy of the application and submissions within 4 business days after applying (s 79(4)).
- The registrar refers the application to an adjudicator within 4 business days, and the adjudicator accepts or rejects within 4 business days (ss 79(5), 81).
- Adjudication response: for a standard claim, within the later of 10 business days after receiving the application documents and 7 business days after the adjudicator's acceptance notice. For a complex claim (over $750,000), the periods are longer (s 83).
- Decision: 10 business days after the response date for a standard claim, 15 for a complex claim, unless extended (ss 85, 86).
- Payment: the respondent must pay the adjudicated amount within 5 business days after receiving the decision, unless the adjudicator sets a later date (s 90). If it doesn't, you can request an adjudication certificate (s 91) and enforce it as a judgment debt, and in some cases ask a higher party to withhold money through a payment withholding request (Part 4A).
The adjudicator decides only on the matters in s 88(2): the Act, the contract, your claim and submissions, the schedule and its submissions, and any inspection. Your evidence and the clarity of your original claim decide most outcomes.
Common mistakes
- Claiming before the reference date, or sending two claims for one reference date.
- Serving the wrong person or address, such as a site supervisor's email instead of the notice address in the contract.
- A claim that doesn't identify the work: one lump sum with no breakdown or evidence.
- Losing the date of service, so you can't count the schedule or adjudication windows.
- Waiting for the money before reading the schedule. The 30-business-day adjudication window starts when you receive the schedule, not when payment is short.
- Forgetting the Christmas shutdown rules, or assuming the contract's business days match the Act's.
- Missing the final claim deadline after the defects liability period.
- Mixing up contract notices and payment claims. A delay or variation notice is not a payment claim. Our guide to time bars and notices covers the contract side.
Worked example: an electrical subcontract
This example is fictional and simplified. Dates assume Brisbane public holidays and no contract term shortening the periods; check both for a real job.
The job. An electrical subcontractor is installing LV reticulation, two switchboards and a 1,000 kVA kiosk substation connection on a warehouse project. Subcontract sum $620,000. The subcontract says reference dates are the 10th of each month, claims go to the head contractor's commercial manager at the stated project email, and payment is due 25 business days after the claim. It says nothing about the timing of payment schedules.
The claim. On the reference date, Monday 10 May 2027, the subcontractor updates its quantities. It gives Claim 6 by email to the notice address on Tuesday 11 May, with this breakdown:
| Item | Contract value | % complete | Value to date |
|---|---|---|---|
| LV reticulation and cable pulling | $240,000 | 80% | $192,000 |
| MSB-1 and DB-2 supply and install | $210,000 | 60% | $126,000 |
| Kiosk connection, testing and commissioning | $170,000 | 20% | $34,000 |
| VAR-03 additional sub-mains (approved) | $18,500 | 100% | $18,500 |
| Less previously paid | –$268,000 | ||
| Claimed amount this claim (excl. GST) | $102,500 |
The claim ends with "We request payment of $112,750 (incl. GST)", and attaches the cable schedule, ITP records and photos.
The clocks verify:
- Payment schedule due by Tuesday 1 June 2027 (15 business days after 11 May; the contract is silent, so the Act's period applies).
- Payment due Tuesday 15 June 2027 (25 business days, per the contract and within the QBCC Act cap).
What happens. On Tuesday 25 May, the head contractor gives a schedule for $84,000 excl. GST. It cuts MSB-1/DB-2 to 50% ("switchboards not fully terminated") and pays the rest. The subcontractor logs the reasons and sends photos and the termination ITP the same week. The difference isn't resolved. The last day to apply for adjudication of the $18,500 shortfall is Tuesday 6 July 2027 (30 business days after receiving the schedule). If the $84,000 isn't paid by 15 June, a separate 20-business-day window ends on Tuesday 13 July 2027. The subcontractor sets an internal decision date of 22 June, so there's time to prepare an application if needed.
Your step-by-step checklist
- Confirm the contract is a construction contract under the Act and note any exclusions.
- List reference dates, claim address, payment terms and schedule terms from the contract.
- Prepare the claim: identify the work, state the amount, request payment, attach evidence. Use the payment claim and invoice checklist.
- Give it to the right person by the right method, once per reference date, and save proof.
- Diarise: schedule due date, payment due date and both adjudication windows.
- Read the schedule the day it arrives and record each reason.
- Decide on your next step well before the shortest window closes, and get advice for anything significant.
This guide is general information only, not legal advice. Section references are to the BIF Act as in force on legislation.qld.gov.au in October 2026. The Act, the regulation and QBCC procedures change, and your contract may shorten some periods. Check every item marked verify against the current Act and QBCC guidance, and get legal advice before adjudication, debt recovery or suspension.