To make a claim, you must create a payment claim in writing and serve it on the respondent (details below).
Click here to view a sample 'payment claim'.
Notes of guidance for the claimant
The payment claim must identify the work (or related goods and services) to which the progress payment relates and must indicate the amount of the progress payment that the claimant claims is due.
Examples of such information include:
- statements detailing the extent of the work completed
- completion certificates
- delivery dockets
- other contract documentation requirements where applicable.
The payment claim must contain a statement ‘This is a payment claim made under the Building and Construction Industry Security of Payment Act 2009 (SA)’.
If you have a contract that details how notices should be served, serve the notice in accordance with the contract. If you do not have a contract with those details, you can serve the payment claim by:
- delivering it to the person personally
- lodging it during normal office hours at the person’s ordinary place of business
- by sending it by post or fax addressed to the person’s ordinary place of business
The payment claim is not valid until it is served on the respondent in the correct manner as detailed above. It is important that evidence of service is kept, for example, facsimile receipts or courier dockets.
If the respondent disputes their liability to pay either all or part of the amount claimed, they may serve the claimant with a payment schedule within 15 business days after being served with a payment claim (or a shorter period if prescribed under the contract).
If the respondent fails to serve a payment schedule within 15 business days after being served with a payment claim (or a shorter time if prescribed under the contract), the respondent becomes liable to pay the claimed amount on the due date for the progress payment to which the claim relates.
Section 15 provides that the claimant may seek adjudication (or recover the amount in court) if:
(a) the respondent does not provide a payment schedule; and
(b) the respondent fails to pay the whole or part of the claimed amount by the due date for the progress payment to which the claim relates.
Under section 16, a claimant may also apply for adjudication if the respondent does provide a payment schedule but fails to pay in accordance with the schedule.
Frequently asked questions can be found by clicking here.
A list of ANAs can be found here.