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Construction contracts guide
Construction contracts / Final payment claim

When is the final payment claim due?

The final payment claim is the contractor's last claim on a job, and on some forms anything left out of it is lost. GC21 wants it within 91 days after Completion (cl 61.1). AS 4902 wants it within 28 days after the last defects liability period expires (cl 37.4).

The windows

Every Australian form the library holds a final claim row for. AS 2124-1992, AS 4000-1997, TfNSW C2-GC21, TfNSW C41, TMR TIC, Main Roads WA Major Works and Main Roads WA Minor Works hold none yet.

ContractFinal claim
AS 4902-200028 daysGive the Final Payment Claim within 28 days after the last defects liability period expirescl 37.4If missed: the claim is barred
GC21 Ed 2 (ACT)91 daysLodge the final claim within 91 days of practical completioncll 33.3, 61, 67.1 (read in ACT v1.8)If missed: the claim is barred
GC21 Ed 2 (NSW)91 daysSubmit the Final Payment Claim, with every unpaid Claim, within 13 weeks after Completioncl 61.1If missed: the claim is barred
  • GC21 cl 61.1Any Claim not submitted before or with the Final Payment Claim is barred (cl 61.1; also cl 68.2). 13 weeks converted to 91 days.
  • AS 4902 cl 37.4The bar comes from the final certificate, due within 42 days of the same expiry.

Security

The library holds the security clauses of one form, TfNSW C41: lodging it after award, and asking for it back after the last warranty period.

ContractSecurity
TfNSW C4114 daysLodge the security the Contract Schedule requires, in cash or an unconditional undertaking in the Schedule 1 form, within 14 days of the date of RMS's letter accepting the tendercl 20, 3.1If missed: a breach of contractnone setAfter the last warranty period ends, request the release of the security; RMS releases it within 14 days of the request if satisfiedcl 27If missed: no penalty stated
  • TfNSW C41 cl 27The release runs from YOUR request, not from the warranty end; nothing in the terms releases security unasked.

Before the final claim

A final claim sweeps up what came before it, so the earlier notices decide what it can hold. The variation windows are on variation claims, and every notice's consequence on time bars. Progress claims under the Security of Payment Acts run on their own clock: payment claims.

What this page is, and is not

It is the clause, window and consequence this library holds for each published contract form. It is not legal advice, and it is not your contract: a principal's special conditions can change any window and any consequence here, so read the contract you signed.

No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.

Clauses read from the obligation library, release v19, last checked against the source on .

Start freeEvery document we hold

Common questions

What is a final payment claim?

The final payment claim is the contractor's last claim on a job, and on some forms anything left out of it is lost. GC21 wants it within 91 days after Completion (cl 61.1). AS 4902 wants it within 28 days after the last defects liability period expires (cl 37.4).

What happens to a claim left out of the GC21 Final Payment Claim?

Any Claim not submitted before or with the Final Payment Claim is barred (cl 61.1; also cl 68.2). The 13 weeks are converted to 91 days in the library.

When is the AS 4902 final payment claim due?

28 days after the last defects liability period expires (cl 37.4). The library records a late one as barred: the bar comes from the final certificate, due within 42 days of the same expiry.

When is security released under TfNSW C41?

After the last warranty period ends, request the release of the security; RMS releases it within 14 days of the request if satisfied (cl 27). The release runs from YOUR request, not from the warranty end; nothing in the terms releases security unasked.