This application form has been designed to step you through the Building and Construction Industry Security of Payments Acts through the various states and determine whether your application is valid.
Although this form references and links to relevant legislation, its purpose is merely descriptive and is not intended to constitute legal advice. If you require further clarification, each numbered section links directly to corresponding legislation.
Please be aware that the online form cannot be saved while in progress. All progress will be lost unless the form is submitted. For your convenience, please ensure that you have access to the following documentation before you begin filling in the form:
- Building contract (if possible please have access to a separate PDF of any due date clauses in the contract)
- Payment claim
- Payment schedule (if provided)
- Notice of intention to apply for adjudication (if relevant)
- Project details
- Submissions
- Other relevant attachments and evidence
NB: The maximum file size that can be uploaded on this form is 10 megabytes (MB). if your file exceeds this limit, you can submit your documents to us through Dropbox, facsimile or physical service to any of our offices >>
Upon completion of the online form, except for the ACT, please make sure you serve the respondent with a complete copy of the application in accordance with the relevant State Act that you are applying under.
Building and Construction Industry Security of Payments Claims Form: NSW, VIC, SA, TAS, ACT
The Building and Construction Industry Security of Payments Act and its equivalents in the various States and Territories are a series of State Acts designed to ensure the quick and easy flow of progress payments to parties carrying out construction work or supplying related goods and services under a construction contract. Please note that the location of the building work dictates the jurisdiction under which the claim operates.
If your matter falls under Queensland law, please visit the following site:
https://www.qbcc.qld.gov.au/
If the building work took place in WA please apply here >>
If the building work took place in NT please apply here >>
What kind of “construction work” is covered by the Acts?
Although the definition of “construction work” varies between States, it is important to note that the BCISP Acts do NOT cover the drilling for, or extraction of, natural oil or gas, the mining of minerals, the construction of mines for these purposes, or any other kind of work done which are prescribed for these purposes. Goods and Services which are provided in relation to “construction work” are also claimable under the Acts.
A more specific list of definitions can be found in the table below:
If Yes, please continue to next page.
If No, then you are ineligible under the BCISP. There may be other dispute resolution options, including mediation, arbitration and expert determination outlined in your contract. For details, please visit our website under the “Resolving disputes” tab.
Payment Claim
If you have carried out relevant work under the Act and are entitled to a progress payment, you may serve a “payment claim” on the party who is liable to pay you. For a payment application to be valid, it must be submitted within the timeframe agreed upon in the contract or, failing that, under the relevant BCISP Act.
A list of BCISP mandated time-frames is listed below:
If no, then you are not eligible under this process.
Further Questions:
Date payment due under contract / reference date (if relevant):
In addition, for a payment claim to be valid, it must:
If Yes, please enter amount claimed (excl GST):
If `yes` to all of the above questions, then please attach a copy of the Payment Claim as well as a copy of any `due date` clause within your contract. If `no` to any of the above, your application is ineligible under the Act.
Payment Schedule
In response to a Payment Claim, the liable party (the respondent) may issue a Payment Schedule.
If yes, continue on this page. If no, go to next page.
In order to be valid, a Payment Schedule must be served on the claimant (you) within the time required in the contract or the timeframe envisioned by legislation (whichever is later):
19(3)(a)/(b)
Date Payment Schedule was received:
If relevant please enter scheduled amount (excl GST):
Attach below:
For a Payment Schedule to be valid, it must:
If the Payment Schedule is less than the amount in the Payment Claim, then the Schedule must also include reasons why it is less and (if it is because payment is being withheld) reasons the respondent is withholding payment.
If this is not done, or the Payment Schedule is invalid, then the respondent will be liable to pay the claimed amount on its due date.
Does the Payment include all of the relevant information?
If no, what information is missing?
What happens if there is no Payment Schedule?
If no Payment Schedule has been provided, the claimant may lodge a "notice of intention to apply for adjudication" subject to the following time requirements. If a Payment Schedule has been provided, please move to the next page:
In addition, the 'intention to apply for adjudication of a Payment Claim' must include, in its text, a window for the respondent to provide a response to the notice within the prescribed time period:
Date notice of intention to apply for adjudication lodged:
Copy of Notice:
Adjudication application: timeframe requirements
In addition to all above requirements, this application must be lodged within the following time-frames:
10 business days after Payment Schedule received if Payment Schedule is less than Payment Claim
20 business days after the due date for Payment if Schedule received but all or part is unpaid.
10 business days after the end of the 5-day period referred to in previous page if no Schedule was provided.
10 business days after Payment Schedule received if payment schedule is less than Payment Claim
10 business days after the due date for payment if Schedule received but all or part is unpaid.
5 business days after the end of the 2-day period referred to in previous page if no Schedule was provided.
15 business days after Payment Schedule received if Payment Schedule is less than payment claim
20 business days after the due date for payment if Schedule received but all or part is unpaid.
15 business days after the end of the 5-day period referred to in previous page if no Schedule was provided.
Party details
Claimant details:
NB. These contact details are the only details to which invoices and results will be automatically sent. If you desire copies of either results or invoices please contact nominations@resolution.institute after submitting this form
Phone number:
Fax number:
Representative (for claimant):
Representative Firm:
Representative Contact Name:
Representative Phone Number:
Representative Fax Number:
Representative Email:
Representative Street Address:
Representative Suburb/Post Code:
Respondent details:
Fax Number:
Representative (for respondent):
Representative Phone number:
Representative Fax number:
If you have not already submitted any of your documentation earlier in the form, please upload them here:
Submissions:
NB: If supporting documentation is either too large or too numerous, physical service can be made on Resolution Office in Sydney (13-15 Bridge St Sydney, NSW, 2000), or sent throgh facsimile at +61 2 9251 3733.
Upon completion of the online form, please make sure you serve the respondent with a complete copy of the application in accordance with the relevant State Act that you are applying under.
If you wish to upload documentation via Cloud, Dropbox, etc. please insert the link below (please be advised that under the relevant State Act, providing a link may not be considered effective service):