The ACT runs the Building and Construction Industry (Security of Payment) Act 2009 (ACT), significantly reformed from 11 March 2024 to bring it closer to NSW. If you build in Canberra, it is the post-2024 rules that matter — older guides describing "reference dates" are out of date.
Check your contract date first. These reforms apply to contracts entered into on or after 11 March 2024. A contract signed before then runs under the older, pre-reform rules — the same contract-date trap WA has.
New to how this works? Start with Security of Payment explained.
What the 2024 reforms changed
- Reference dates removed — you no longer tie a payment claim to a contractual "reference date." You can lodge a claim on the last day of each calendar month (or an earlier day set in the contract), as long as work was carried out.
- A maximum 15-business-day payment term — section 13 sets a statutory cap of 15 business days for payment, inclusive of the time the principal has to assess the claim. It applies to head contractors and subcontractors alike (ACT Planning: security of payments).
The payment claim process
- Payment claim lodged monthly as above.
- Payment schedule — the respondent has up to 10 business days to give a payment schedule if they will not pay the full amount.
Adjudication timeframes
- Got a payment schedule but not paid the scheduled amount by the due date: apply within 20 business days of the due date.
- No payment schedule: give the respondent notice that they have 5 business days to provide one, then you have a further 10 business days to make an adjudication application.
- The adjudicator decides within 10 days, or longer if both parties agree.
What it does not cover
The adjudication process does not apply to residential building work where a resident home owner is a party to the contract — so you cannot use it against an owner-occupier client. The exception is work done under an owner-builder licence, which IS covered by the Act.
Common mistakes
- Working from pre-2024 advice that still talks about reference dates.
- Assuming a payment term longer than the 15-business-day statutory maximum is enforceable.
- Missing the 20-business-day adjudication window after the due date.
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