{{ propApi.closeIcon }}
Our industry
Our industry $vuetify.icons.faArrowRight
Housing industry insights Economics Data & forecasts Tailored research and analysis Advocacy & policy Advocacy Policy priorities Position statements Submissions News and inspiration Industry news Member alerts Media releases HOUSING Online
Business support
Business support $vuetify.icons.faArrowRight
Become an apprentice host Hire an apprentice Why host a HIA apprentice? Apprentice partner program Builder & manufacturer program Industry insurance Construction legal expenses insurance Construction works insurance Home warranty insurance Tradies & tool insurance Member perks Toyota vehicles The Good Guys Commercial Fuel savings See all Planning & safety solutions Building & planning services Safe Work Method Statements (SWMS) Solutions for your business Contracts Online Advertise jobs Trusted support & guidance Contracts & compliance support Industrial relations
Resources & advice
Resources & advice $vuetify.icons.faArrowRight
Building it right Building codes Australian standards Getting it right on site See all Building materials & products Concrete, bricks & walls Getting products approved Use the right products for the job See all Managing your business Dealing with contracts Handling disputes Managing your employees See all Managing your safety Safety rules Working with silica See all Building your business Growing your business Maintaining your business See all Other subjects Getting approval to build Sustainable homes See all
Careers & learning
Careers & learning $vuetify.icons.faArrowRight
A rewarding career Become an apprentice Apprenticeships on offer Frequently asked questions Study with us Find a course to suit you Qualification courses Learning on demand A job in the industry Get your builder's licence Continuing Professional Development (CPD) Find jobs
HIA community
HIA community $vuetify.icons.faArrowRight
Join HIA Sign me up How do I become a member? What's in it for me? Mates rates Get involved Become an award judge Join a committee Partner with us Our initiatives HIA Building Women GreenSmart Kitchen, bathroom and design hub Get to know us Our members Our people Our partners Support for you Charitable Foundation Mental health program
Awards & events
Awards & events $vuetify.icons.faArrowRight
Awards Awards program People & Business Awards GreenSmart Australian Housing Awards Awards winners Regional Award winners Australian Housing Award winners 2024 Australian Home of the Year Enter online Industry events Events in the next month Economic outlook National Conference Events calendar
HIA shop
HIA shop $vuetify.icons.faArrowRight
Most popular products National Construction Code Vol 1 & 2 Waterproofing wet areas AS 3740:2021 HIA Guide to Waterproofing HIA Guide to NCC Livable Housing Provisions Top categories Building codes & standards Contracts & documents Guides & manuals Safety products Signage For your business Contracts Online Digital Australian Standards Digital Resource Library Forecasts & data
About Contact Newsroom
$vuetify.icons.faMapMarker Set my location Use the field below to update your location
Change location
{{propApi.text}} {{region}} Change location
{{propApi.successMessage}} {{region}} Change location

$vuetify.icons.faPhone1300 650 620

Security of Payment - Responding to a payment claim

Have you received a payment claim made under the Security of Payment Act? Do you know how to respond?

If you receive a progress payment claim that states it is made under the Building and Construction Industry (Security of Payment) Act 2021 (WA) (SOP Act), it is advisable to provide a ‘payment schedule’ in response.  This is particularly important if you do not believe the claim is payable in full.

What is a payment schedule?

The payment schedule sets out whether you agree with and intend to pay a payment claim.   It is also your opportunity to provide all reasons for disputing all or part of a payment claim.

A payment schedule must be in writing and must set out:

  • the payment claim to which it relates
  • the ‘scheduled amount’, which is the amount you agree to pay and
  • the reasons for withholding any or all amounts claimed.

Why provide a payment schedule?

If no payment schedule is provided:

  • the claim will be payable in full
  • you will lose the opportunity to respond if the claimant makes an adjudication application or commences proceedings in court in relation to the claim and
  • you will not be permitted to make an application for a review of the adjudication.

When should a payment schedule be provided?

A payment schedule must be given to the claimant within 15 business days from the date of the claim, or earlier if required by the contract.

If you pay the claim in full by the due date you do not need to provide a payment schedule.

What is the due date for payment?

The claimed or scheduled amount must be paid within the required timeframes .  There are different payment timeframes, depending on the type of work and the contractual relationship.

Unless the contact is excluded under the SOP Act, payment claims for any work carried out by builders or trades in relation to a dwelling, must be paid by:

  • the timeframe specified in the contract or
  • if the contract does not specify a timeframe, within 10 business days of the claim date.

For work that is not home building work, unless the contract specifies an earlier date:

  • principals must pay head contactors within 20 business days of the claim date and
  • subcontractors must be paid within 25 business days of the claim date.

What if payment is not made?

If the claimed or scheduled amount becomes overdue, the claimant can charge you interest up to the date of payment.  They can also suspend the works.

In addition, the claimant will have the right to either apply for adjudication or commence proceedings in court to recover the outstanding amount. 

What if the claimant disagrees with the payment schedule?

If the claimant disagrees with your payment schedule they can apply for adjudication.

Further information

HIA has a range of other security of payment resources available, including:

To find out more, contact HIA's Contracts and Compliance team

Email us

Share with your network:
More articles on:
{{ tag.label }} {{ tag.label }} $vuetify.icons.faTimes
Find the latest expert advice, guides and much more!

Managing your business


Can’t find what you need, check out other resources that might be closer to the mark.

Explore resources

WA Addenda to Specification - Form 12

This addenda is sold separately from the WA Specification for Brick or Framed Construction document. These two items make up a set, although some buil...

WA Cost Plus Contract - Form 13D (Pack of 2)

This contract is used for residential constructions works on a cost plus basis, not a lump sum ‘fixed price’. Costs are totalled and a percentage or f...

WA Claim for Extension of Time - Form 5 (Pad of 30)

Builders wanting an extension of time for completing work will need this WA Claim for Extension of Time pad, which includes 30 sheets. This product co...

WA HBCA Lump Sum Contract - Form 16K (Pack of 2)

The WA HBCA Lump Sum Contract – Form 16J contract (pack of two) is suitable for work over $7500 and less than $500,000, which requires a written, sign...

WA Practical Completion Certificate - Form 14 (Pad of 30)

The Western Australian Certificate of Practical Completion (pad of 30) enables builders to list work that may be required following a joint pre-handov...

WA Job Quotation - Form 9 (Pad of 25)

The Western Australian Job Quotation Form (pad of 25) is suitable for sub-contractors to list their conditions. It's carbonised and individually numbe...

WA Alterations & Additions Contract - Form 38E (Pack of 2)

The WA Alterations & Additions Contract – Form 38E (pack of two) is designed specifically for use on alterations, additions and renovations over $7500...

WA Pre-Fabricated Homes Contract - Form 45C (Pack of 2)

The WA Pre-fabricated Homes Contract – Form 45C (pack of two) has been designed specifically for use with modular or transportable homes.

WA Specification Brick & Framed Construction - Form 7 (Pack of 2)

The WA Specification for Brick or Framed Construction document (pack of two) provides a detailed description of quality of materials or workmanship, w...

WA Variation to Contract - Form 1 (Pad of 30)

The WA Variation to Contract – Form 1 details changes or variations to works requiring an update to the contract between builder and owner. It can als...

WA Small Works Contract - Form 10A (Pad of 25)

The WA Small Works contract (pad of 25 and in duplicate) has been designed specifically for projects $7500 in value or less (where the Home Building C...