The Security of Payment Act (SOPA) is legislation that gives builders and subcontractors a rapid, statutory mechanism to recover unpaid progress payments for construction work — without needing to go to court. The Act applies nationally, though it operates under different names and with some variation in each state and territory: the Building and Construction Industry Security of Payment Act in NSW, VIC, SA, TAS, and ACT; the Building Industry Fairness Act in Queensland; and the Construction Contracts Act in Western Australia. If you have performed construction work and have not been paid, SOPA may provide you with a direct and enforceable pathway to recover that money.

No. Contracts Administrator has no minimum debt amount threshold. Whether the amount you're owed is $4,000 or $400,000, you are eligible for professional support. The Security of Payment Act itself does not impose a minimum claim size — and neither do we.

SOPA deadlines vary by state and territory, and by the type of claim you are making. In general, a payment claim must be served within a specific number of business days after the relevant reference date — which is typically tied to your contract terms or the date a payment became due. Missing the statutory window can close off this recovery pathway entirely. If you are unsure whether you are still within the timeframe, contact us as early as possible — in many situations there is more time remaining than people assume, and in some cases alternative pathways exist even where the primary SOPA window has passed.

A payment claim is the first step in the SOPA process — it is a formal, SOPA-compliant document served on the party who owes you money, specifying the amount claimed and the basis for the claim. The respondent then has a set period to provide a payment schedule in response. If they fail to pay or provide a valid payment schedule, or if the amount in the schedule is disputed, you may proceed to lodge an adjudication application with a registered adjudicator. Contracts Administrator supports both the preparation of the payment claim and, where required, the adjudication application.

Yes, in many circumstances. Unpaid variations that have been instructed under the contract — and overdue retention — can form part of a SOPA payment claim, subject to the terms of your contract and the applicable state legislation. Retention disputes in particular are an increasingly common component of SOPA claims. We assess each situation individually to confirm what amounts can be included in your claim.

Yes. Contracts Administrator assists clients who have received a SOPA payment claim and need to respond. If you have received a payment claim, you are typically required to provide a payment schedule within a set number of business days — the exact timeframe varies by jurisdiction. Failing to respond within that window can result in the full claimed amount becoming a deemed debt, regardless of the merits of the underlying claim. If you have received a payment claim, contact us immediately — the statutory deadline is already running.

This is the concern we hear most often — and it is worth addressing directly. The Security of Payment Act is a statutory right. Making a valid, professionally prepared payment claim is a formal, structured process — it is not an aggressive or adversarial act in and of itself. In many cases, the receipt of a properly prepared SOPA payment claim prompts the other party to negotiate and resolve the matter without adjudication proceeding further. A professionally managed SOPA process demonstrates that you are serious about your rights while keeping the engagement measured and commercial.

SOPA adjudication is a pre-litigation process — it is faster, less expensive, and does not involve court proceedings. A registered adjudicator is appointed to assess the payment claim and determine the amount owed. The determination is typically made within weeks rather than the months or years that litigation can take, and it is legally enforceable. Court proceedings may become relevant where a SOPA determination is not complied with, or where the circumstances of the dispute fall outside the SOPA framework — in those situations, we refer clients to appropriate specialist professionals.

Yes, security of payment legislation applies across all Australian states and territories, though the specific legislation, rules, and deadlines differ by jurisdiction. The legislation is known as the Building and Construction Industry Security of Payment Act in NSW, Victoria, South Australia, Tasmania, and the ACT; the Building Industry Fairness Act in Queensland; and the Construction Contracts Act in Western Australia. The Northern Territory also has its own framework. Contracts Administrator provides national coverage across all jurisdictions — you do not need a separate provider for each state.

Not necessarily. SOPA deadlines are complex and vary significantly by jurisdiction, contract type, and the nature of the claim. In some circumstances, alternative reference dates exist, or a pre-litigation debt recovery pathway remains available even where the primary SOPA window has closed. The only way to know for certain is to have your situation assessed by an expert. Do not assume it is too late without checking — contact us and we will assess your position.