Total Payments Received to Date

Total Payments Received to Date - Payment Claim Guide | Contracts Administrator

Total Payments Received to Date in NSW Payment Claims

📅 Updated: July 2025 ⏱️ 8 min read 📋 Payment Claim Best Practices

⚠️ Compliance Warning

Incorrectly calculating or omitting this figure can create mathematical errors that may invalidate your entire payment claim under the Security of Payment Act.

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1. Field Name and Definition

Total Payments Received to Date is a critical field in your NSW Payment Claim that represents the cumulative sum of all payments actually received from the respondent (principal or head contractor) from the commencement of the contract up to the date of preparing the current payment claim.

This field appears on every Payment Claim as a mandatory component under the Building and Construction Industry Security of Payment Act 1999 (NSW) because it:

  • Establishes the payment history between parties
  • Provides context for the current claim amount
  • Enables accurate calculation of the outstanding balance
  • Creates a clear audit trail for the project's financial progress

3. Practical Guidance

Step-by-Step Instructions

  1. Gather Payment Records: Compile all remittance advices, print bank statements showing cleared payments, and collect any payment schedules previously issued by the respondent.
  2. Verify Each Payment: Cross-reference remittance advices with bank deposits. Ensure GST components are correctly included and account for any retention amounts that have actually been released and received.
  3. Calculate the Total: Add all verified, cleared payments chronologically. Include only amounts actually received, not amounts that are promised or scheduled.
  4. Document Your Calculation: Create a payment summary spreadsheet. List each payment with its date and amount, and keep all supporting documentation readily available for verification.

Where to Find This Information

  • Accounting System: Most construction accounting software maintains running totals of payments received.
  • Bank Records: Your online banking history provides definitive proof of cleared funds.
  • Project Files: Check physical or digital folders containing remittance advices.
  • Email Records: Payment notifications and remittances are often sent electronically.

4. Common Mistakes and How to Avoid Them

Including Uncleared Payments

Mistake: Counting payments shown as "pending" or "processing" in your bank account.
Solution: Only include cleared funds that are actually available in your account.

Double-Counting Retention

Mistake: Including a retention amount in both the "amount withheld" and "amount received" columns.
Solution: Maintain separate tracking for retention held versus retention that has been released and paid.

Excluding GST

Mistake: Showing GST-exclusive figures when your contract sum and other claim items are GST-inclusive.
Solution: Ensure consistency in GST treatment across the entire payment claim.

Calculation Errors

Mistake: Simple manual addition errors or incorrect spreadsheet formulas.
Solution: Double-check all calculations, preferably using accounting software or having a colleague review your work.

5. Risks of Inaccurate Information

Failing to provide an accurate 'Total Payments Received to Date' figure introduces significant risks that can jeopardise your cash flow and legal standing.

Risk Category Description
Legal Risks An incorrect calculation can make the entire claim mathematically inconsistent, potentially rendering it invalid under the Act and preventing you from pursuing adjudication.
Financial Risks Respondents may legitimately delay payment while they seek clarification on the discrepancies, harming your project cash flow. You may also lose the right to claim interest on overdue amounts.
Dispute Risks It provides the respondent with technical grounds to challenge your claim, shifting focus away from the substantive issue of payment for work performed.
Strategic Risks Repeated errors undermine your professionalism and credibility, which can damage the commercial relationship and affect your position in any formal dispute resolution.

6. Examples

Standard Progress Claim

Total Payments Received to Date: $1,852,500.00 (inc GST)

Claim Following Retention Release

Total Payments Received to Date: $4,250,000.00 (inc GST) (Including 50% retention release of $125,000.00 received 15 March 2024)

Variation-Heavy Project

Total Payments Received to Date: $2,755,000.00 (inc GST) (Comprising Contract works: $2,455,000.00 + Approved Variations: $300,000.00)

8. Frequently Asked Questions

Q1: Should I include retention money that's been withheld but not yet released?
A: No. Only include retention amounts that have been actually released and received in your bank account. Retention still held by the respondent should be shown separately and not included in "Total Payments Received to Date."
Q2: What if a payment was received but later reversed or disputed?
A: If a payment was reversed (e.g., a bounced cheque or reversed electronic transfer), you must subtract it from your total. For disputed payments that remain in your account, include them but maintain clear documentation about the dispute status for transparency.
Q3: How do I handle part payments or payments made "on account"?
A: Include all partial payments in your total, even if marked "on account" or "without prejudice". The key criterion is whether funds were received, not the conditions attached. However, keep records of any conditions stated by the payer.
Q4: Should this figure include payments for variations?
A: Yes, if variations have been approved and paid, you should include these amounts. It is best practice to distinguish between base contract payments and variation payments in your supporting documentation for clarity.

This guide is provided for general information purposes. For specific advice about your payment claim, consult a qualified construction lawyer familiar with NSW Security of Payment legislation.

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