Notice to Suspend Work Under the Security of Payment Act
If you haven’t been paid, the Security of Payment Act lets you stop work, or stop supplying goods and services, without breaching your contract, provided you give the right notice first.
When you can suspend
In most states you can suspend if the respondent hasn’t paid by the due date: either the full claimed amount (if no payment schedule was given) or the amount in their own payment schedule. You can also suspend if they don’t pay an adjudicated amount. You must first give written notice of your intention to suspend, stating that it’s given under the Act.
| State | Notice before suspending | Right ends |
|---|---|---|
| NSW, QLD, SA, TAS, ACT, WA | At least 2 business days | 3 business days after you’re paid |
| VIC | At least 3 business days | 3 business days after you’re paid |
| NT | At least 3 working days, and only if an adjudicated amount isn’t paid | 3 working days after you’re paid |
In WA you can also suspend if retention money isn’t paid into a retention trust account.
You’re protected while suspended
- You’re not liable for any loss or damage the respondent suffers because you stopped work during a valid suspension.
- If the respondent takes part of the work off you during the suspension, they must pay your resulting losses and expenses (NSW).
Get the notice right
A defective notice can turn a lawful suspension into a breach of contract. We prepare and serve suspension notices as part of your claim.
Call or contact us.
This page is general information, not legal advice. Last reviewed October 2026.