Sample Payment Claim Form (Page 2 of 2) in pdf

Building and Construction Industry Security of Payment Act 1999 NSW

Government Information Kit

INFORMATION SHEET 10

Payment Claim

Notes for the guidance of the Claimant and Respondent

The work or related goods or services in respect of which the Payment Claim is made must be

detailed in the Schedule. The schedule may include information supporting the claimed amount.

Examples of such information are :

a. statements detailing the extent of the work completed;

b. completion certificates,

c. delivery dockets,

d. photographs,

e. other Contract documentation requirements where applicable

The payment claim must contain a statement along the lines of “This is a payment claim made

under the Building and Construction Industry Security of Payment Act 1999 NSW”.

The Payment Claim may be served in accordance with the Contract or may be served as provided

under the Act by delivering it :

a. in person to the respondent; or

b. by lodging it during normal business hours at the respondent's ordinary place of business;

c. by sending it by post to the respondent's ordinary place of business; or

d. by sending it by facsimile to the respondent's ordinary place of business.

The Payment Claim is not served until it is received by the respondent in the correct manner as

detailed above. It is important that evidence of serving is kept, for example, facsimile receipts.

If the respondent wishes to dispute liability to pay, as a progress payment on account, the amount

claimed or any portion thereof, the respondent must serve upon the claimant a Payment Schedule

within 10 business days after being served with a Payment Claim under the Act.

If the respondent fails to serve a Payment Schedule on the claimant within 10 business days after

being served with a Payment Claim under the Act, the respondent must pay the full amount of the

Payment Claim. Payment is to be made on the due date as defined in Section 11 of the Building

and Construction Industry Security of Payment Act 1999 NSW.

Amounts paid in respect of a Payment Claim are taken to have been paid on account. It should be

noted that payment does not constitute an admission that work has been done or goods or services

provided, or of their value. An amount paid may have to be repaid (by the claimant) if the

claimant is not entitled to payment under the terms of the relevant construction contract.

Page 2 of 2

March 2003

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Sample Payment Claim Form Page 2