What happens if you miss a Security of Payment deadline?
A missed Security of Payment window does not always cost the same thing. Across the 52 windows the library holds in the 8 Acts, it records 5 different results for a missed one: no penalty stated; you are liable for the full amount; an offence; the claim is barred; a breach of contract. Which one applies depends on the step and the state.
What the library records
- no penalty stated: 40 of 52 windows
- you are liable for the full amount: 7 of 52 windows
- an offence: 2 of 52 windows
- the claim is barred: 2 of 52 windows
- a breach of contract: 1 of 52 windows
Every window, and what missing it costs
One row per window each Act sets, with the section and the disease the library files it under.
| State | Duty | Window and section | If missed |
|---|---|---|---|
| New South Wales | Apply for adjudication within 10 business days if a claim is disputed | 10 business dayss 17(3) | no penalty statedDisputes |
| Respond to an adjudication application within 5 business days | 5 business dayss 20 | no penalty statedDisputes | |
| Make a progress claim on the cadence the contract allows | 1 months 13 | no penalty statedDisputes | |
| Be paid within 15 business days of a payment schedule (or of the claim if none is given) | 15 business dayss 11(1A) | no penalty statedDisputes | |
| Be paid within 20 business days of a payment schedule (or of the claim if none is given) | 20 business dayss 11(1B) | no penalty statedDisputes | |
| Give notice of intention to apply for adjudication within 20 business days | 20 business dayss 17(2) | no penalty statedDisputes | |
| Receive a payment schedule within 10 business days of each claim, or the full amount becomes payable | 10 business dayss 14(4) | you are liable for the full amountDisputes | |
| Queensland | Notify the retention trust account within 5 business days | 5 business daysss 35, 40A, 40B | an offenceLapsed compliance |
| Apply for adjudication within 30 business days if a claim is disputed | 30 business dayss 79(2)(b) | no penalty statedDisputes | |
| Respond to an adjudication application within 10 business days | 10 business daysss 82-83 | no penalty statedDisputes | |
| Make a progress claim on the cadence the contract allows | 1 monthss 67, 75(4) | no penalty statedDisputes | |
| Be paid within 10 business days of a payment schedule (or of the claim if none is given) | 10 business dayss 73(1)(b) | no penalty statedDisputes | |
| Give notice of intention to apply for adjudication within 30 business days | 30 business dayss 99 | no penalty statedDisputes | |
| Receive a payment schedule within 15 business days of each claim, or the full amount becomes payable | 15 business dayss 76(1), s 77 | you are liable for the full amountDisputes | |
| Victoria | Have no recourse to a performance security until 5 business days after written notice of intention | 5 business dayss 17H | the claim is barredMissed claims |
| Apply for adjudication within 10 business days of a schedule for less than the claim | 10 business dayss 18(3)(c) | no penalty statedDisputes | |
| Respond to an adjudication application within 5 business days | 5 business dayss 21 | no penalty statedDisputes | |
| Make a progress claim on the cadence the contract allows | 1 months 14A, 14D | no penalty statedDisputes | |
| Be paid by the contract's due date, and never later than 20 business days after the claim | 20 business dayss 12(1), (1B) | no penalty statedDisputes | |
| Give notice of intention to apply for adjudication within 10 business days of the due date | 10 business dayss 18(2) | no penalty statedDisputes | |
| Receive a payment schedule within 10 business days of each claim, or the full amount becomes payable | 10 business dayss 15(4) | you are liable for the full amountDisputes | |
| Western Australia | Notify recourse against security within 5 business days | 5 business dayss 57 | the claim is barredMissed claims |
| Keep trust account records for 36 months | 36 monthss 79(5) | an offenceLapsed compliance | |
| Apply for adjudication within 20 business days if a claim is disputed | 20 business dayss 28(4) | no penalty statedDisputes | |
| Respond to an adjudication application within 10 business days | 10 business dayss 34 | no penalty statedDisputes | |
| Make a progress claim on the cadence the contract allows | 1 months 23 | no penalty statedDisputes | |
| Be paid within 20 business days of a payment schedule (or of the claim if none is given) | 20 business dayss 20(1) | no penalty statedDisputes | |
| Be paid within 25 business days of a payment schedule (or of the claim if none is given) | 25 business dayss 20(1) | no penalty statedDisputes | |
| Give notice of intention to apply for adjudication within 20 business days | 20 business dayss 28(2) | no penalty statedDisputes | |
| Receive a payment schedule within 15 business days of each claim, or the full amount becomes payable | 15 business dayss 25(1), s 26 | you are liable for the full amountDisputes | |
| South Australia | Make one progress claim per reference date (the last day of each month if the contract is silent) | 1 months 4, 13(5) | no penalty statedDisputes |
| Receive a payment schedule within 15 business days of each claim, or the full amount becomes payable | 15 business dayss 14(4) | you are liable for the full amountDisputes | |
| Be paid within 15 business days of the claim where the contract sets no date | 15 business dayss 11(1)(b) | no penalty statedDisputes | |
| Give notice of intention to apply for adjudication within 20 business days of the due date | 20 business dayss 17(2) | no penalty statedDisputes | |
| Apply for adjudication within 15 business days of a schedule for less than the claim | 15 business dayss 17(3)(c) | no penalty statedDisputes | |
| Respond to an adjudication application within 5 business days | 5 business dayss 20(1), (3) | no penalty statedDisputes | |
| Tasmania | Make one progress claim per reference date (the last day of each month if the contract is silent) | 1 months 4, 17(4) | no penalty statedDisputes |
| Receive a payment schedule within 10 business days of each claim, or the full amount becomes payable | 10 business dayss 19(2), (3)(b) | you are liable for the full amountDisputes | |
| Be paid within 10 business days of the claim where the contract sets no date | 10 business dayss 15(2) | no penalty statedDisputes | |
| Give notice of intention to apply for adjudication within 20 business days of the due date | 20 business dayss 21(4)(a), (b) | no penalty statedDisputes | |
| Apply for adjudication within 10 business days of a schedule for less than the claim | 10 business dayss 21(3)(a) | no penalty statedDisputes | |
| Respond to an adjudication application within 10 business days | 10 business dayss 23(1), (2), (6) | no penalty statedDisputes | |
| Australian Capital Territory | Make no more than one progress claim per calendar month | 1 months 15(4), (6) | no penalty statedDisputes |
| Receive a payment schedule within 10 business days of each claim, or the full amount becomes payable | 10 business dayss 16(4) | you are liable for the full amountDisputes | |
| Be paid within 15 business days of the claim | 15 business dayss 13(1) | no penalty statedDisputes | |
| Give notice of intention to apply for adjudication within 20 business days of the due date | 20 business dayss 19(2) | no penalty statedDisputes | |
| Apply for adjudication within 10 business days of a schedule for less than the claim | 10 business dayss 19(3)(b) | no penalty statedDisputes | |
| Respond to an adjudication application within 7 business days | 7 business dayss 22(1), (3) | no penalty statedDisputes | |
| Northern Territory | Receive a notice of dispute, and payment of the undisputed part, within 10 working days of each claim | 10 working dayss 20, Sch 1 cl 6(2)(a) | a breach of contractDisputes |
| Be paid within 30 working days of the claim at the latest | 30 working dayss 13, Sch 1 cl 6(2)(b) | no penalty statedDisputes | |
| Apply for adjudication within 65 working days of a payment dispute arising | 65 working dayss 8, 28(1), (3) | no penalty statedDisputes | |
| Respond to an adjudication application within 15 working days | 15 working dayss 29(1) | no penalty statedDisputes |
Catching it before it shuts
A window is cheap to keep and expensive to miss. Count one for a real date in the deadline calculator, or compare every window side by side on the state comparison.
What this page is, and is not
It is the section text this library holds for each state's Act, with the window and the consequence. It is not legal advice, and it is not a substitute for reading the Act and 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.