Given within time
A claim may be given only within the period the contract allows or six months after the work was last carried out, whichever is later. A final claim runs on its own longer clock.
Where it comes from
s 75(2) and (3) of the Building Industry Fairness (Security of Payment) Act 2017 (Qld).
A requirement like this one is not a formality. Where it is not met, the question is not whether the work was done or what it was worth: an adjudicator may never reach that question at all.
What Paystruct does
Paystruct counts the window from your own contract and tells you where a claim sits in it before it goes, including the longer window that applies to a final claim.
The other requirements
They apply together. Meeting five of six is not a partial pass.
A reference date arises
s 75(4)A payment claim hangs off a reference date, and only one claim may be given for each one. Serve a second claim against a date already used and the whole claim can fall over, however good the work behind it.
Read moreIdentify the work claimed for
s 68(1)(a)The claim must identify the construction work, or related goods and services, it relates to. A respondent has to be able to tell what they are being asked to pay for.
Read moreState the claimed amount
s 68(1)(b)The claim must state the amount the claimant says is payable for the progress payment.
Read moreRequest payment
s 68(1)(c)The claim must request payment of the claimed amount. A document that sets out a figure without asking to be paid may not be a payment claim at all.
Read moreStatutory declaration
Your contractMany contracts make a declaration about payment of workers and subcontractors a condition of payment. It is a contractual requirement, not a statutory one, but a claim can be perfectly valid under the Act and still go unpaid for want of it.
Read moreEvidence of insurance
Your contractCurrency of insurance is a common condition of payment. Certificates expire mid-job, and a lapsed one is an easy reason to hold a payment.
Read moreRetention and security
Your contractCash retention, bank guarantees and bonds are governed by the contract: how much is withheld, when it is released, and what has to happen first.
Read moreServed properly
s 102A claim only bites when it has been given to the respondent in a way the Act and the contract allow. Service is also where every later deadline is measured from.
Read morePaystruct is software, not a law firm. This page describes what the legislation asks for; it is not legal advice, and whether a particular claim meets a requirement turns on your contract and your facts.