Security of Payment Claim Checklist

Before you start

Security of Payment regimes give people who carry out construction work or supply related goods and services a statutory route to recover progress payments. They are powerful but unforgiving on form and timing, and they vary between jurisdictions. Before lodging anything, confirm that your work is covered and gather your contract, variations and records of work done.

• Confirm the work is construction work or related goods and services covered by the regime.
• Identify which jurisdiction's regime applies to the contract.
• Gather the contract, variations, and evidence of work completed.
• Understand that timeframes are strict and differ by jurisdiction.

This is general information only and not legal advice. Security of Payment rules and timeframes vary and are unforgiving — get professional advice before relying on the process.

Prepare the payment claim

1. Identify the construction work or goods and services the claim covers.
2. State the claimed amount and the reference date or period it relates to.
3. Include the detail the regime requires so the claim is valid.
4. Make sure the claim is served on the right party in the right way.
5. Diarise the date served, because the response clock starts from it.

A defective or mistimed claim can fail at the threshold. Getting the content and service right, and recording the date, is what preserves the strict timetable that gives the regime its teeth.

Track timing and the response

1. Note the period in which the other party may issue a payment schedule.
2. Understand what happens if no payment schedule is provided in time.
3. Track the windows for any adjudication application.
4. Keep all correspondence and proof of service.
5. Take advice promptly at each step rather than missing a deadline.

The entire regime turns on deadlines. Missing a single window — to claim, to respond, or to apply for adjudication — can forfeit the advantage, so treat every date as critical and confirm the current timeframes for your jurisdiction.

Common mistakes

• Assuming the work is covered without confirming the regime applies.
• Serving a claim that lacks the required detail or goes to the wrong party.
• Missing the window to make a claim or to respond to a schedule.
• Treating timeframes as approximate when they are strict and vary by jurisdiction.
• Relying on the process without taking advice on the specific rules.

For the recovery side of a construction debt, a free debt appraisal can complement specialist advice on the Security of Payment process.