How to make a SOPA payment claim: the steps by state
You did the work. You sent the invoice. Nothing came back. Every state gives you a legal way to chase it. Here is how it works.
You finished the job. The invoice went out weeks ago. Silence. A SOPA payment claim is your statutory right to be paid, and every state and territory has one. Used properly, it forces a fast answer or a fast result.
SOPA stands for Security of Payment. It runs alongside your contract. It does not replace your right to sue, but it is faster and cheaper than court. This guide walks you through the shape of the process, state by state.
One caution up front. This is general information, not legal advice. Deadlines are short and unforgiving, and the rules differ in every state. If real money is on the line, talk to a construction lawyer or your state tribunal before you act.
What a SOPA claim actually is
A payment claim is a written demand for money you are owed for construction work or related goods and services. You serve it on whoever has to pay you.
The other side then has a short window to reply with a payment schedule. That is their formal answer: how much they will pay, and why it is less than you asked.
If they do not reply in time, and do not pay, they can become liable for the full amount. That is the lever. The clock works in your favour.
If they reply but short you, you can take it to adjudication. An independent adjudicator decides who is right, usually within a short window. The decision binds both parties.
The whole point is speed. Courts take months. SOPA is built for tradies who need cash flow now, not a judgment next year. The catch is that you must follow the steps exactly.
The core steps, in order
Most states follow the same shape. Get these in order and you protect your claim.
Check you are covered
You must have done construction work or supplied related goods and services under a construction contract. Most residential building work qualifies. Some owner-occupier home contracts are treated differently, so check your state rules first.
Build the claim
Identify the work clearly. State the amount. Date it. In most states you must also write that the claim is made under the Act. Queensland does not require that line, and the Northern Territory runs a different model again.
Serve it properly
Send it the way your contract allows: email, post, or in person. Keep proof of when you sent it. The deadlines run from service, so the date matters.
Wait for the payment schedule
The other side has a set number of business days to reply. If they stay silent past that window and miss the due date, they can owe you the full claimed amount.
Apply for adjudication if needed
Short paid or unpaid? Apply for adjudication inside the window. Miss it and you may lose the fast track. An adjudicator then decides, and the decision is enforceable.
Most steps run on business days, not calendar days. Count carefully and never assume an extra weekend buys you time.
The endorsement wording that trips people up
In most states your claim must say something like: this is a payment claim made under the relevant Security of Payment Act. Leave that line off and your claim may not count as a SOPA claim at all.
That single sentence is one of the most common reasons a claim fails. Most of the eastern and southern states, along with Western Australia and the ACT, require some form of it. The exact wording is set by each state's Act, so confirm the current requirement for your state.
Queensland is different. An ordinary invoice can be a valid payment claim there, as long as it identifies the work, states the amount, and requests payment. No magic words needed.
The Northern Territory runs a different model again. There is no single statutory claim form. A payment dispute opens the door to adjudication. More on that below.
If you are unsure, put the endorsement on. It does no harm in Queensland and it protects you in the states that require it.
Deadlines by state, in plain terms
These notes are a rough orientation only, not the current legal position. Each state's administering body publishes the live sections and timeframes, and they change. Always confirm with your state administrator before you rely on any figure. Most timeframes run in business days.
NSW
A payment schedule is due within a set number of business days, with a short window to apply for adjudication after you receive it. The endorsement is required. The scheme is administered by Building Commission NSW.
Victoria
A payment schedule is due within a set window, with a short adjudication window after that. The endorsement is required. Victoria has been through significant reform, so check which rules apply to your claim date.
Queensland
A payment schedule is due within a set window and no endorsement is needed, since an ordinary invoice can be a valid claim. Adjudication windows vary depending on whether a schedule was given. Claims are lodged with the QBCC.
Western Australia
A payment schedule is due within a set window, with an adjudication window after you become entitled. The endorsement is required. Older contracts may fall under earlier legislation, so the contract date can decide which Act applies.
South Australia
A payment schedule is due within a set window, with separate adjudication windows depending on whether a schedule was given or the due date simply passed. The endorsement is required.
Tasmania
A payment schedule is due within a set window, which can be longer where the respondent is a residential land owner who is not a building practitioner. The endorsement is required.
ACT
A payment schedule is due within a set window, with adjudication windows that differ for a short schedule versus an unpaid due date. The endorsement is required.
NT
A different model. A payment dispute, not a missed schedule, triggers adjudication, and the timeframes run in working days rather than business days. Confirm the current figure with the Construction Contracts Registrar.
Treat this as a map, not the route itself. For the exact sections, timeframes, and forms, go to your state's administering body. BuildFair keeps a fuller state by state Security of Payment breakdown you can read next.
Common mistakes that sink a claim
Most failed claims fail on process, not on the merits. Avoid these.
Missing the endorsement
In the states that require it, leaving off the under the Act wording can void the claim. If your state requires it, put it on every time.
Counting calendar days
The deadlines usually run in business days. Weekends and public holidays do not count. Get the count wrong and you can blow the window.
Vague descriptions
Generic line items invite a dispute. Identify the work, the stage, and the amount clearly so an adjudicator can follow it.
No proof of service
If you cannot prove when the claim was served, you cannot prove the deadline. Keep the email trail or postal record.
Waiting too long to adjudicate
The adjudication window is short. Drift past it and you fall back to slower, costlier court action.
None of this is your fault as a tradie. The current system is built so the money lands last in the chain. The rules are your way to push back, but only if you follow them.
Where BuildFair fits, and where it does not
A SOPA claim is a tool for when payment has already broken down. The better fix is not having to chase it at all. That is the gap BuildFair works on.
On a BuildFair project, owner deposits and progress payments are held in regulated custody with BuildFair banking partner Kobble, separate from the builder operating account. Kobble operates under AFSL 545391 (Yondr Money Pty Ltd). The money is funded before stages start, not promised later. BuildFair itself does not hold your funds.
Subcontractor and supplier payments release on a fixed 7-day clock from invoice approval. Once a stage is verified and the invoice is approved, the ledger journal posts straight away and only the bank send follows on that fixed clock. You can see where you sit in the queue.
Every action is recorded on a double-entry, hash-chained ledger, so there is a permanent, tamper-evident trail of who approved what and when. If a dispute ever does go to adjudication, the records are already there.
To be clear about scope: BuildFair does not give legal advice and does not lodge SOPA claims for you. For a dispute, your path is a construction lawyer, your state tribunal such as VCAT in Victoria or its equivalent elsewhere, or Legal Aid. Australia's corporate and construction regulators, such as ASIC, publish further background. This guide is general information only, not legal or financial advice.
FAQ
Frequently asked questions
Do I have to write that my claim is made under the Act?
In most states, yes. Leaving off that endorsement can void the claim where it is required. Queensland is the main exception, where an ordinary invoice can be a valid payment claim if it identifies the work and the amount. When in doubt, add the wording. It does no harm anywhere.
How long does the other side have to respond?
It depends on the state. The payment schedule window is a set number of business days from when you serve the claim, and the exact figure differs by state. If they do not reply in that window and miss the due date, they can become liable for the full claimed amount. Confirm your state's current figure with the administering body.
What happens if they short pay me?
You can apply for adjudication. An independent adjudicator reviews both sides and decides how much you are owed, usually within a short window. The decision is enforceable. The application window is tight, so move quickly once you get a payment schedule for less than you claimed.
Does SOPA cover residential building work?
Generally yes, most residential construction work is covered, but some owner-occupier home contracts are treated differently in some states. Check your state rules or get advice before assuming you are covered. Our state by state breakdown covers the differences.
Can BuildFair lodge a SOPA claim for me?
No. BuildFair is a construction payments platform, not a law firm, and it does not give legal advice. What it does is hold project funds in regulated custody and release approved subcontractor and supplier payments on a fixed 7-day clock, so you are far less likely to need a claim in the first place. For a live dispute, see a construction lawyer, your state tribunal, or Legal Aid.
Is the NT really different from the rest of Australia?
Yes. The Northern Territory follows a Construction Contracts model. Adjudication is triggered by a payment dispute rather than a missed payment schedule, and its timeframes run in working days. Confirm the current figure and process with the Construction Contracts Registrar before relying on it.