Security of Payment in South Australia: payment claims and adjudication
South Australia operates under the Building and Construction Industry Security of Payment Act 2009 (SA), administered by the South Australian Small Business Commission. This page explains how to claim and recover progress payments and how the adjudication process works.
Security of Payment law in South Australia gives the people who do construction work and supply related goods, head contractors, subcontractors, and suppliers, a statutory right to be paid and a fast way to resolve a payment that is disputed or unpaid. For owners and anyone higher up the contract chain, the same Building and Construction Industry Security of Payment Act 2009 (SA) sets the timeframes you have to respond and pay within.
Here is how the scheme works in South Australia, who it applies to, the timeframes that matter, and where to get help.
Key timeframes at a glance
- Payment schedule response
- 15 business days
- Payment due
- 15 business days after the claim if the contract is silent
- Apply for adjudication
- 15 business days after you receive the payment schedule, or 20 business days after the due date where a scheduled amount is unpaid
- Adjudication response
- 5 business days after receiving the application, or 2 business days after notice of the adjudicator's acceptance, whichever is later
- Adjudicator's decision
- 10 business days, unless both parties agree to longer
What the Act covers in South Australia
South Australia runs the east-coast model under the 2009 Act. The South Australian Small Business Commission provides guidance, and adjudication is run through authorised nominating authorities.
It gives a statutory right to progress payments and a fast adjudication path for disputed or unpaid claims, running alongside your contract.
How to make a payment claim
A claimant serves a payment claim that identifies the work and states the amount claimed, and that states it is made under the Act. South Australia requires that endorsement.
A claim must be served within the period in the contract or within six months after the work was last carried out, whichever is later.
Payment schedules and the response window
The respondent must provide a payment schedule within the time in the contract or 15 business days after the claim, whichever is earlier, stating what they propose to pay and why it is less than claimed.
If they do not provide a schedule in time, they become liable for the claimed amount on the due date.
When payment is due
If the contract is silent, a progress payment falls due 15 business days after the claim. Interest runs on unpaid amounts at the higher of the prescribed court rate or the contract rate.
Adjudication: a fast track for unpaid claims
Where a scheduled amount is less than claimed, the claimant applies within 15 business days of receiving the payment schedule. Where a scheduled amount is unpaid, the window is 20 business days after the due date. Where no schedule was given, the claimant first gives notice and the respondent gets a further 5 business days to provide one.
The respondent responds within 5 business days of the application (or 2 business days after notice of acceptance, whichever is later), and a respondent who failed to give a payment schedule cannot lodge a response. The adjudicator decides within 10 business days.
Recent changes
The core claim, schedule, and adjudication timeframes are unchanged. A 2025 regulation amendment exempts the Crown from parts of the Act for large Crown contracts over $4 million.
Sources
Where to confirm the current rules
Adjudication in South Australia is run through an authorised nominating authority (ANA), which appoints the adjudicator. The primary sources below are the place to confirm the current timeframes and wording.
BuildFair
How BuildFair fits alongside Security of Payment
Security of Payment is a recovery process you reach for after a payment has already gone wrong. BuildFair works earlier. Project funds sit outside the builder's operating account and are released against the agreed rules, so approved work has a clear path to payment in the first place. It does not replace your statutory rights under the Building and Construction Industry Security of Payment Act 2009 (SA), it makes the disputes that trigger them far less likely.
Whichever side of the contract you are on, the same ringfenced funds and shared payment record work in your favour.
Builders
Fund jobs without bankrolling them
Run the project off ringfenced funds, so approved progress claims and subcontractor invoices have money behind them before a dispute ever starts.
For builders →Owners
See where your money sits
Your progress payments are released only against work you have approved, with a live record of every claim and payment on the job.
For owners →Subcontractors
Know the funds are there
Approved invoices are paid from money already set aside for the project, on a fixed clock, not whenever cashflow allows.
For subcontractors →Suppliers
Get paid from set-aside funds
Invoice through the project and be paid from funds ringfenced for the job, with a clean record behind every payment.
For suppliers →FAQ
Frequently asked questions
Does a payment claim in South Australia have to state it is made under the Act?
Yes. Under the Building and Construction Industry Security of Payment Act 2009 (SA), a payment claim must state that it is made under the Act. If that statement is missing, the claim does not enliven the scheme.
How long does the other party have to respond to a payment claim in South Australia?
The respondent has 15 business days to give a payment schedule. If they do not respond in time and do not pay by the due date, they generally become liable for the full claimed amount.
When is a progress payment due in South Australia?
A progress payment is due 15 business days after the claim if the contract is silent.
How long do I have to apply for adjudication in South Australia?
The window is 15 business days after you receive the payment schedule, or 20 business days after the due date where a scheduled amount is unpaid. Always confirm the current wording and timeframes against the legislation and the administering body before acting. The figures below are stated in business days.