SOPA Payment Claim Deadlines: The State-by-State Traps That Cost Contractors Money
By Working Day Calculator Team (Last updated: January 24, 2026)
A payment claim lodged one day late is no claim at all. That is not a scare line. It is how Security of Payment legislation works across Australia. The Acts are designed to keep cash flowing, but they are unforgiving on time limits and quietly different from state to state.
The result is predictable: subcontractors miss a date by a day or two, lose their statutory rights, and have to fight for payment the slow way. This guide is about the traps that cost contractors money, and how to avoid them.
If you want the statutory detail, see our SOPA Deadlines info page. If you need a real-world workflow, the Construction Use Case has practical steps for claims and schedules.
Why SOPA deadlines are unforgiving
Every state and territory has its own Security of Payment legislation. The titles differ, the timelines differ, and the rules around service and reference dates differ. But one principle is consistent: deadlines are strict, and missing them usually kills the statutory right.
Two concepts drive most disputes:
- Reference date: the date a claimant is entitled to issue a claim. In some states this is set by contract, in others it is implied by the Act.
- Business days: most deadlines are counted in business days, not calendar days, which raises the next trap: which public holidays count.
If you miss the payment schedule deadline, you lose the right to raise defences in adjudication. If you miss the adjudication window, your statutory recovery options narrow. The rules are not flexible because Parliament wanted speed and certainty.
The core deadline chain (and how it breaks)
Most SOPA frameworks have the same shape:
- Payment claim served by a reference date or within a prescribed window.
- Payment schedule due within X business days.
- Adjudication application due within Y business days if the schedule is missing or disputed.
If any step is late, the chain breaks. A late claim can be invalid. A late schedule can expose the respondent to a debt claim or adjudication without defences. A late adjudication application can leave you in court instead of a faster statutory process.
State-by-state variations that matter
This is where most contractors get caught. A timetable that works in NSW will fail in Victoria. A WA claim that looks valid in QLD can be out of time.
New South Wales (Building and Construction Industry Security of Payment Act 1999)
- Claims can usually be served up to 12 months after the reference date.
- Payment schedules are typically due in 10 business days.
- Adjudication applications usually must be lodged within 10 business days after the schedule is due or the payment is disputed.
Victoria (Building and Construction Industry Security of Payment Act 2002)
- Reference date rules differ for construction vs supply contracts.
- Payment schedules are typically due in 10 business days.
- The adjudication window can be as short as 5 business days in some scenarios.
Queensland (Building Industry Fairness (Security of Payment) Act 2017)
- Reforms tightened timeframes and added formal requirements.
- Payment schedules range 10 to 15 business days, depending on contract value.
- Claims often need an endorsement indicating it is made under SOPA.
Western Australia (Building and Construction Industry (Security of Payment) Act 2021)
- The newest framework, with different adjudication timelines.
- Transitional provisions still catch contractors who use East Coast assumptions.
- Pay close attention to the prescribed timeframes in the WA Act and regulations.
SA, TAS, NT, ACT (summary)
The smaller jurisdictions have their own Acts and timeframes. The key is not the exact number but the fact that they are not identical. If you operate across states, treat each jurisdiction as a separate ruleset.
The three traps that cost money
Trap 1: Assuming business days exclude the same holidays everywhere
A deadline that lands on Melbourne Cup Day is a business day in Sydney. A deadline that lands on Canberra Day is a business day in Perth. State holidays differ, and regional show days add another layer.
If your project is in a regional area with a gazetted show day, that local holiday is a non-business day for SOPA counting in that locality. The difference is often one day, but one day is the whole case.
Trap 2: Ignoring December shutdown reality
The legislation usually does not pause for Christmas. Some adjudicator nominating authorities and industry offices close, but the statutory clock does not stop unless the Act says it does.
If you serve a claim in mid-December and the next step is due in early January, you can find yourself out of time because you assumed the break would extend the deadline. It will not.
Trap 3: Confusing service with receipt
SOPA deadlines are triggered by service. Service is defined by statute and contract and can have deemed rules:
- Email: often treated as served when sent, or next business day if sent after hours.
- Post: deemed served several business days after posting.
- Hand delivery: immediate, but you need evidence.
If you email a claim at 5:05pm on a Friday and the rules treat that as served Monday, your clock shifts by two days. Get the service rule wrong and every deadline after that is wrong.
How public holidays affect SOPA deadlines
SOPA deadlines are usually counted in business days. That means weekends and public holidays do not count. But the definition of public holidays is state and locality specific.
- Regional show days: count as public holidays in their localities.
- Part-day holidays (Christmas Eve in SA/NT, Christmas Eve in QLD): generally do not change day counts. The day still counts as a business day.
- December industry shutdowns: industry practice is not law. Unless the Act or contract changes the rule, the business day count continues.
If you are unsure, count the days conservatively and lodge early. The cost of being early is low. The cost of being late is catastrophic.
Practical SOPA checklist
- Identify the governing Act. It is the state where the work is performed, not where your head office sits.
- Confirm the reference date. Check your contract and the Act.
- Count backwards. Start from the deadline and count back in business days.
- Add buffer days. Build in two or three extra days for service and errors.
- Document service. Keep proof of when and how you served the claim or schedule.
- Use a calculator that knows local holidays. Our working day calculator includes state and regional holiday calendars, plus SOPA settings.
Conclusion
SOPA is designed to speed up payments, but its deadlines can be brutal if you apply the wrong state rules or miscount business days. The differences between jurisdictions are exactly where money gets lost.
If you want the legislative detail, see the SOPA Deadlines info section. If you need a workflow for claims, schedules, and adjudication, see the Construction use case. And if the deadline is close, count backwards and lodge early.
FAQ
Q: Does my payment claim need to say "SOPA claim" on it? A: It depends on the state. Queensland has specific endorsement requirements. Other states do not always require that wording, but you should follow the Act and any contract requirements.
Q: What if my payment schedule is one day late? A: In many jurisdictions, a late schedule can mean you lose the right to dispute the claim amount in adjudication. The consequences are severe, so treat the deadline as hard.
Q: Can I apply for adjudication during the Christmas shutdown? A: Technically yes, but the practical availability of adjudicator nominating authorities can be limited. Do not assume the shutdown pauses your statutory deadline.
Q: Do public holidays extend SOPA deadlines? A: Yes. Business days exclude weekends and public holidays for the relevant state and locality. The definition depends on where the work is performed.
Sources to check
- Each state and territory Security of Payment Act
- State building or fair trading guidance notes
- Adjudicator nominating authority websites
- Recent tribunal and court decisions on SOPA timing disputes