What is a supporting statement on a payment claim?
A supporting statement is a declaration served with a payment claim that the claimant's own subcontractors have been paid. The library holds the duty for New South Wales and Queensland, each with its section. For the other 6 states it holds no supporting statement duty, and this page does not guess one.
Where the library holds the duty
| State | Instrument | Duty | Window and section | If missed |
|---|---|---|---|---|
| New South Wales | Building and Construction Industry Security of Payment Act 1999 (NSW) | Attach a supporting statement that subcontractors have been paid | none sets 13(7) | an offenceLapsed compliance |
| Queensland | BIF Act 2017 | Attach a supporting statement that subcontractors have been paid | none sets 75(6), (8) | an offenceLapsed compliance |
| Victoria | not held in the library | |||
| Western Australia | not held in the library | |||
| South Australia | not held in the library | |||
| Tasmania | not held in the library | |||
| Australian Capital Territory | not held in the library | |||
| Northern Territory | not held in the library | |||
It travels with the claim
The statement goes with the payment claim, so it is due on the day the claim is served. A claim served without it in a state that requires one is a compliance problem before it is a payment problem.
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.