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ACT Act
Building and Construction Industry Security of Payment Act 2009 sets progress payment and adjudication rules for construction work in ACT.
Plain-English explainers, not legal advice. Check the linked official source before you rely on a specific section, and get advice for your situation.
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Penalties & enforcement
The main exposure is commercial and procedural: missed payment schedules, adjudication orders, judgment debt, cash-flow disruption and legal costs. Some regimes also restrict pay-when-paid clauses and other contracting practices.
Enforced by ACT adjudicators, Access Canberra and ACT courts
Subcontractor has not been paid
Check whether the invoice can be framed as a valid payment claim, then track the response and adjudication deadlines carefully.
Head contractor disputes a claim
Prepare a payment schedule on time, identify disputed items clearly and keep evidence for variations, defects or set-offs.
Negotiating construction terms
Make sure the contract payment process works with the statutory regime. Clauses that ignore security of payment rights may not protect the business.
No. Security of payment laws can apply to construction work and related goods or services. Coverage depends on the contract, work type and local exclusions.
A payment schedule is often the formal response to a payment claim. Missing the timeframe can limit the respondent's ability to dispute the amount later.