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SA Security of Payment Act

Get paid for your construction work in South Australia

The Building and Construction Industry Security of Payment Act 2009 (SA) 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 South Australia, with a 98% success rate.

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Who the Act covers

The Act covers construction contracts, whether written or verbal. That includes head contractors, subcontractors, suppliers and consultants. It does not cover domestic building work on a home the owner lives in or plans to live in. Subcontractors on those jobs are still covered.

Key time frames

  • Reference dates: you can claim on the date your contract sets. If it doesn’t set one, you can claim on the last day of each month in which you work. You can serve one payment claim for each reference date.
  • Time limit: a claim must be served within 6 months after the work was last carried out, or within any longer period your contract allows.
  • Payment schedule: the respondent has 15 business days after receiving your claim to provide 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 when the contract says. If the contract is silent, it’s 15 business days after the claim. Interest runs on late payments.

Applying for adjudication

You can apply if:

  • the payment schedule offers less than you claimed — apply within 15 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, and you apply within the 15 business days after that.

A copy of the application must be served on the respondent. 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.

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 South Australia

If the debt has to go to court, the Magistrates Court hears claims up to $100,000. Larger claims go to the District Court or 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.