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ACT Security of Payment Act

Get paid for your construction work in the ACT

The Building and Construction Industry (Security of Payment) Act 2009 (ACT) gives anyone who carries out construction work, or supplies related goods and services, a legal right to progress payments, whether or not the contract provides for them. It also gives you a fast, low-cost way to recover what you’re owed.

SECURITY OF PAYMENT Services prepares and serves payment claims and adjudication applications for contractors, subcontractors and suppliers across the ACT, with a 98% success rate.

Start a claim →

Who the Act covers

The Act covers construction contracts for work in the ACT, whether written or verbal. That includes head contractors, subcontractors, suppliers and consultants. It does not cover a contract for insurable residential building work with a resident owner for the home they live in or plan to live in. Subcontractors on those jobs are still covered.

Key time frames

  • Payment claims: since 11 March 2024, the ACT no longer uses reference dates. You can give a claim from the last day of each month in which you did the work, earlier if your contract allows it, or on the day the contract is terminated. You can give one claim per month.
  • Time limit: a claim must be given within 12 months after the work was last carried out, or within any longer period your contract allows.
  • Payment schedule: the respondent has 10 business days after receiving your claim to give a payment schedule (or less if the contract says so). If they don’t, they become liable for the full amount claimed.
  • Due date: payment is due 15 business days after the claim, or earlier if the contract says so. Interest runs on late payments.

Applying for adjudication

Adjudication decides whether you’re entitled to be paid, how much, when, and whether interest applies. You can apply if:

  • the payment schedule offers less than you claimed — apply within 10 business days after you receive it;
  • the respondent doesn’t pay the scheduled amount — apply within 20 business days after the due date; or
  • no payment schedule is given and the claim isn’t paid — first notify the respondent within 20 business days after the due date that you intend to apply. They then have 5 business days to provide a schedule. You apply within 10 business days after that 5-day period ends, or after you receive their schedule if that comes first.

A respondent who didn’t provide a payment schedule can’t put a defence at adjudication.

A winning application depends on getting the timing right, choosing the right nominating authority, and putting together a strong written submission backed by solid evidence. We prepare, lodge and serve the whole application for you, and handle any requests for further submissions.

Apply for adjudication →

After the determination

If the adjudicated amount isn’t paid, you can get an adjudication certificate and file it in court as a judgment debt, then enforce it. We handle every step from claim to enforcement and debt collection.

Debt recovery in the ACT

If the debt has to go to court, the Magistrates Court hears claims up to $250,000. Larger claims go to the Supreme Court.

Useful links

Need help?

Call or contact us and we’ll walk you through your options.

This page is general information, not legal advice. Timeframes depend on your contract. Last reviewed October 2026.