Chapter 9 Payment claims

Standard form contracts set out the information which must be included in progress claims. This generally includes:

  • the contractor’s estimate of the value of the work completed, including variations;
  • claims for unfixed materials (if permitted by the contract);
  • any other claims for payment pursuant to the contract (such as payments related to time – see Chapter 13 Money for time – Construction Law Made Easy); and
  • details of the totals of previous claims, certificates and payments and the amount of retention.

Security of payment legislation

In addition to the contractual provisions relating to claims and payment, all states have legislation which further regulates the claiming and payment of progress claims. See:

Although the standard form contracts have not been amended to reflect all the requirements of the security of payment legislation, it is recommended that appropriate special conditions be included in construction contracts for projects in affected states and territories.

Care must be taken to ensure compliance with both the contractual and legislative requirements.

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