Payment claims in QLD under the BIF Act: what to include and the business-day deadlines

Last reviewed 2 November 2026 · Sources linked below · Written by Jay at Andwat Co, an Australian boilermaker/fabricator (Cert III Engineering, 12+ years in the trade). About

How Queensland subcontractors and tradies make a valid payment claim under the BIF Act: the 3 things it must include, reference dates, the 10 business day default due date, 15 and 25 business day payment caps, the 15 business day payment schedule rule, and what to do if you're not paid.

If you subcontract on Queensland jobs, the way you ask for money matters as much as the work. The Building Industry Fairness (Security of Payment) Act 2017 (the BIF Act) gives you a statutory right to progress payments and tight deadlines the other side has to meet. Those protections only kick in properly if your invoice is a valid payment claim, given on the right date. This guide covers what QBCC says a payment claim needs, when to send it, when you should be paid, and your options if you're not.

The short answer

• A payment claim is a written request that identifies the work (or goods and services), states the amount and requests payment. Your normal tax invoice can do the job if it ticks all three.
• Send it on or after a reference date. If the contract doesn't set one, it's the last day of the month the work was done. Only one claim per reference date.
• Payment is due on the contract date or, if there isn't one (or it's void), 10 business days after the claim. QBCC says contract terms can't exceed 25 business days for subcontracts or 15 business days for commercial building contracts.
• If they won't pay in full, they must give you a payment schedule within 15 business days (or sooner if the contract says so), with all their reasons.
• "Pay when paid" clauses are void under the BIF Act.

Does the BIF Act cover your job?

Chapter 3 of the BIF Act applies to construction contracts, whether written, oral or a mix, for construction work in Queensland and related goods and services (for example plant, materials and labour). Section 61 carves out some contracts. The big one for tradies is domestic building work under a contract with a resident owner, to the extent it relates to the home they live in or intend to live in. QBCC's industry guide confirms adjudication can't be used in that case.

The carve-out is narrow. A subbie working for the builder on a house is in a contract with the builder, not the homeowner, so the Act applies. It also applies where the client is an owner-builder, a building contractor, a company, or an owner who won't live in the building. Work outside Queensland, and contracts where the price isn't worked out from the value of the work, are also excluded.

What a valid payment claim must include

QBCC's Request payment page says a payment claim is a written request for payment that:

1. identifies the work or goods and services the claim relates to
2. states the amount being claimed
3. requests payment of that amount.

There's no prescribed format. QBCC's free commercial subcontract includes a payment claim template, and QBCC publishes a standalone payment claim template too. In practice a strong claim also shows:

• your name, ABN and contact details, and the respondent's name (the party who owes you)
• the project or site address and the contract or purchase order number
• a breakdown of the work done to the reference date: line items, quantities or percentage complete, and approved variations
• any amounts still unpaid from earlier claims (QBCC says you can include them)
• the claim date, the reference date it relates to, and the total claimed
• the GST details if you're registered (see our tax invoice guide), so it doubles as a valid tax invoice.

QBCC also notes that it's the three BIF Act requirements that keep your dispute options, such as adjudication, open. Make sure every invoice you send on a construction contract meets them.

Head contractors: supporting statements

Since 1 October 2020, a head contractor on a non-residential contract with the owner or developer who has engaged subcontractors must give a supporting statement with every payment claim. Subcontractors further down the chain don't need to give one.

When to send it: reference dates and time limits

A reference date is the earliest date you can submit a claim. It's either the date stated in your contract or, if none is stated, the last day of the month in which the work was carried out or the goods and services were supplied. Contracts can set weekly, fortnightly or monthly reference dates, plus separate ones for the final claim and for retentions.

• Only one payment claim per reference date. If you need to chase an earlier unpaid amount, roll it into your next claim.
• Don't jump the gun. QBCC warns that a claim submitted before a reference date may be invalid and can limit your access to adjudication.
• Progress claims must be given before the later of the contract's latest date (if any) or 6 months after completion of all the work.
• Final claims must be given before the latest of the contract date (if any), 6 months after completion, or 28 days after the end of the last defects liability period.
• Terminated contracts: if the contract has no final reference date after termination, or bars a final claim after termination, the final reference date is the date of termination.

When you should be paid

A progress or final payment must be paid by the due date in the contract. If the contract doesn't state one, it's 10 business days after you give the claim. Under the QBCC Act, a contract due date can't be longer than:

• 25 business days for subcontracts and construction management trade contracts
• 15 business days for commercial building contracts.

A longer term is void and the 10 business day default applies. A "pay when paid" clause, where you only get paid once the builder is paid, is also void and has no effect.

Business days under the BIF Act exclude Saturdays, Sundays, public holidays, and every day from 22 December to 10 January. A claim given just before Christmas can take a lot longer to fall due than you'd expect, so count the days properly.

How the other side must respond

The person you claim from (the respondent) can't just ignore it. Under section 76 they must either:

• pay the full amount by the due date, or
• give you a payment schedule within 15 business days after receiving the claim (or an earlier time set by the contract), then pay the scheduled amount by the due date.

A payment schedule must identify your claim, state the amount (if any) they'll pay, and give all their reasons for paying less or withholding. Failing to give a required schedule, or failing to pay the scheduled amount by the due date, carries a maximum penalty of 100 penalty units under section 76. It can also lead to QBCC disciplinary action against a licensee.

If you're not paid

QBCC lists several options. Some have strict deadlines, so diarise them the day the due date passes.

• Suspend work. If you aren't paid in full by the due date, you can give written notice of intention to suspend. The notice must state that it's made under the BIF Act, and you must wait at least 2 business days before suspending. QBCC recommends getting legal advice first.
• Adjudication. Applications go to the QBCC Adjudication Registry on the approved form (Form s79), with the fee. The deadlines under section 79 are:
  • no schedule and not paid in full: 30 business days after the later of the due date or the last day a schedule could have been given
  • schedule given but the scheduled amount isn't paid: 20 business days after the due date
  • schedule for less than you claimed: 30 business days after you receive the schedule.
  You must give the respondent a copy of the application within 4 business days after lodging, and applications must be lodged before 5pm on a business day.
• Recover the debt in court, give a subcontractors' charge notice, or lodge a monies owed complaint with QBCC if the respondent is a licensee. Note that you can't use adjudication if you've already given a subcontractors' charge notice of claim for the same work.

A simple payment claim routine

1. Note every contract's reference dates, payment terms and final claim deadline when you sign.
2. On each reference date, issue one claim that meets the three BIF Act requirements and includes any unpaid amounts carried forward.
3. Record how and when you gave it (email with a sent record, or delivery proof).
4. Diarise the payment schedule deadline (15 business days, or the contract period) and the due date, skipping weekends, public holidays and 22 Dec–10 Jan.
5. The day after the due date, decide on your next step and diarise the adjudication deadline that applies.

Quick answers

What must a payment claim include in Queensland?

Under the BIF Act it must be in writing, identify the construction work or related goods and services it relates to, state the amount claimed, and request payment of that amount. There is no prescribed form, so a tax invoice can be a payment claim if it meets those requirements.

When is a progress payment due under the BIF Act?

By the due date in the contract. If the contract doesn't state one, or the stated term is void, payment is due 10 business days after the payment claim is given. QBCC says the contract term can't exceed 25 business days for subcontracts and 15 business days for commercial building contracts.

How long does the other party have to give a payment schedule?

15 business days after being given the payment claim, or an earlier time if the contract says so. A schedule is only needed if they won't pay the full amount by the due date.

Does the BIF Act apply to work on a homeowner's own house?

Generally no. Section 61 excludes domestic building work under a contract with a resident owner, to the extent it relates to the home they live in or intend to live in. It still applies to subcontracts under the builder, and to owner-builders, companies and investors who won't live there.

What can I do if I'm not paid by the due date?

QBCC lists options including suspending work after at least 2 business days' written notice that states it is given under the BIF Act, applying for adjudication within the timeframes in section 79, recovering the debt in court, and a subcontractors' charge. Get legal advice before suspending work.

Sources

• QBCC – Request payment (payment claims, reference dates, time limits, due dates)
• QBCC – Respond to payment request (payment schedules)
• QBCC – Supporting statement (head contractors)
• QBCC – Business days and the holiday period (Security of Payment)
• QBCC – Apply for adjudication
• QBCC – Suspending work
• QBCC – Industry guide to security of payment laws (PDF)
• Queensland Legislation – Building Industry Fairness (Security of Payment) Act 2017 (ss 61, 76, 79)

Related guides

• What a tax invoice must show (Australia)
• QBCC licence, the $3,300 threshold, contracts and deposits
• EOT claims on QBCC domestic contracts: the 10 business day rule
• TPAR for tradies: paying subbies and the 28 August report

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General information only, summarised from the official sources above as at the review date. It isn't legal, tax, WHS or engineering advice. Rules change and your situation may differ, so check the source or ask a professional.