PAYMENT CLAIM SUCCESS KIT

Your Complete NSW Security of Payment Compliance System

⚖️ MANDATORY LEGAL REQUIREMENTS

Missing any of these = INVALID CLAIM

✓	Requirement	Your Details	Reference
	Work Identification		s13(2)(a)
	Claimed Amount	$	s13(2)(b)
	Statutory Declaration	"This payment claim is made under the Building and Construction Industry Security of Payment Act 1999 (NSW)"	s13(2)(c)
	Supporting Statement (Head Contractors)	Attached: Yes/No	s13(7)

💡 BEST PRACTICE INCLUSIONS

Include these to strengthen your claim

📋 Claim Identification

	Payment Claim #	PC-_______
	Claim Date	__/2025
	Period	From: ____ To: ____
	Due Date	__/2025

👥 Party & Contract Details

	Your Legal Name	____________
	Your ABN	____________
	Their Legal Name	____________
	Contract Number	____________
	Project Name	____________

💰 Financial Breakdown

Description	This Claim	Previously Claimed	Previously Paid	Outstanding
Base Contract	$________	$________	$________	$________
Variation 1	$________	$________	$________	$________
Variation 2	$________	$________	$________	$________
Retention	$________	$________	$________	$________
TOTALS	$______	$______	$______	$______

Quick Calculation Tool

A. Contract Value Tracker

• Original Contract Sum: $________
• Approved Variations: + $________
• Adjusted Contract Sum: = $________

B. Progress Calculation

• Work Completed to Date: ____%
• Value of Work Completed: $________
• Less Previous Payments: - $________
• Less Retention (%): - $_____
• Amount Now Due: = $________

C. GST Calculation

• Subtotal: $________
• GST (10%): + $________
• Total Claim: = $________

Your Payment Claim Timeline

Event	Date	Business Days	Notes
Last Day to Serve Claim	//__	-	Last day of month or contract date
Payment Claim Served	//__	Day 0	Keep proof of service
Payment Schedule Due	//__	Day 10	10 business days from claim
Payment Due Date	//__	Varies	Check contract terms
Notice of Intention (if no schedule)	//__	Within 20BD	After due date
Adjudication Application	//__	Varies	Depends on scenario

⚡ Quick Reference: Time Limits

If they provide a payment schedule:

• Paying less than claimed? → 10BD to apply for adjudication
• Not paying scheduled amount? → 20BD after due date

If NO payment schedule:

1. Wait until due date
2. Give 20BD notice of intention
3. Wait 5BD for schedule
4. Apply within 10BD

1. Email Cover Template

2. Common Variation Description Templates

Weather Delay: "Additional costs due to [X] days weather delay as recorded in site diary entries dated [dates]. Work could not proceed due to [specific conditions]."

Site Conditions: "Unforeseen site conditions encountered on [date] requiring [specific additional work]. Refer photographs dated [date] and correspondence [reference]."

Client Instructions: "Additional work as instructed by [name] on [date] via [email/site instruction #]. Refer attached confirmation."

Warning Signs Your Claim May Be Rejected

⚠️ Red Flag	Risk Level	Solution
No ABN on claim	HIGH	Add immediately
Generic work description	MEDIUM	Reference specific drawings/specs
Missing proof of variations	HIGH	Attach all approvals
Calculation errors	HIGH	Double-check all maths
Wrong service date	CRITICAL	Check contract terms
No delivery confirmation	MEDIUM	Use registered post/email receipt

Project Your Payment Timeline

Claim #	Service Date	Expected Payment	Amount	Running Total
PC-001	/	/	$_____	$_____
PC-002	/	/	$_____	$_____
PC-003	/	/	$_____	$_____
PC-004	/	/	$_____	$_____

Your Next Steps:

IMMEDIATE (Today):

1. ☐ Complete all mandatory fields in checklist
2. ☐ Gather supporting documentation
3. ☐ Calculate claim amount using calculator tool

TOMORROW:

4. ☐ Review claim against red flags
5. ☐ Prepare email using template
6. ☐ Arrange delivery method

THIS WEEK:

7. ☐ Serve payment claim
8. ☐ Diary payment schedule due date
9. ☐ Update cash flow forecast

Complexity Indicators - Do You Need Professional Support?

Rate your situation (1 point each):

• ☐ Claim over $250,000
• ☐ Multiple disputed variations
• ☐ Previous claims rejected
• ☐ Retention disputes
• ☐ Terminated contract
• ☐ Cross-claims threatened
• ☐ Payment consistently late
• ☐ Complex calculation required

Score:

• 0-2 points: Use this kit
• 3-5 points: Consider professional review
• 6+ points: Get expert help immediately

Pro Strategies from Industry Experts

1. The "Friday Rule": Serve claims on Friday for maximum processing time
2. The "Photo Evidence": Take progress photos every claim period
3. The "Email Trail": Confirm all verbal instructions in writing
4. The "Variation Folder": Keep separate file for each variation
5. The "Deadline Buffer": Set internal deadlines 2 days early

This Kit Helps You:

✅ Submit valid claims every time ✅ Track payments professionally
✅ Identify problems before they cost you ✅ Build stronger contractor relationships ✅ Improve cash flow predictability

But Sometimes You Need More...

Our Security of Payment Health Check Includes:

• ✓ Professional claim review (usually within 24 hours)
• ✓ Strategic timing advice
• ✓ Response templates for payment schedules
• ✓ Adjudication readiness assessment
• ✓ 30-day email support