Progress claims under the BIF Act (QLD): a subcontractor's guide

In Queensland, your right to get paid for construction work isn't just whatever your contract says — it's backed by the Building Industry Fairness (Security of Payment) Act 2017 (the "BIF Act"). For subcontractors, understanding how a progress claim works under the Act is one of the most practical things you can do to get paid faster and protect yourself when you don't.

What the BIF Act does

The BIF Act is designed to help contractors, subcontractors and suppliers in Queensland's building industry get paid for the work they do. Critically, it gives eligible claimants a statutory right to progress payments — even if your contract is silent on them. It also bans "pay when paid" clauses and gives you enforcement tools when payment doesn't come.

The two documents: payment claim and payment schedule

The payment process under the Act has two sides:

1. The payment claim (your progress claim). You, the claimant, issue a payment claim for the work done in the period. It needs to identify the work and the amount claimed.
2. The payment schedule (their response). The party you billed — the respondent — replies with a payment schedule stating what they propose to pay and, if it's less than you claimed, why.

If the respondent doesn't provide a payment schedule and doesn't pay in time, the Act gives you avenues to pursue the full claimed amount.

The timeframes that matter

The BIF Act sets maximum payment timeframes for building work. As a rule of thumb:

• Principal → head contractor: payment within 15 business days of the payment claim.
• Head contractor → subcontractor (or under a trade management contract): payment within 25 business days of the payment claim.

If your contract names a shorter period, the shorter period applies. A progress payment becomes payable on the day the contract provides, or — if it's silent — 10 business days after the claim is made.

These are deadlines worth tracking per claim. The day a payment claim is made starts a clock; knowing exactly when payment is due is what lets you act the moment it's late.

If you don't get paid

The Act gives subcontractors real teeth. Two examples:

• No payment schedule + no payment: you may be able to recover the claimed amount as a debt, or proceed to adjudication — a fast, independent decision process.
• Section 109 notice of claim: a subcontractor can lodge a notice of claim to recover outstanding payments owed by an entity higher up the contractual chain than the party who engaged them.

Adjudication timeframes are short and strict. The better your records — claim dates, amounts, what was certified, what was paid — the stronger your position.

A practical claim checklist

Before you submit a progress claim in Queensland:

• The claim clearly identifies the work and the period it covers.
• The amount is right, including approved variations.
• Retention is calculated correctly (10% per claim to a 5% cap — see our retention guide).
• It's issued under the contract and dated, so the payment timeframe clock is clear.
• You've kept a record of the claim and any payment schedule you get back.

Most disputes come down to records. If your claims, variations and retention live in one place with clean dates, you're ready for a payment schedule that comes back short — or for adjudication if it comes to that.

Beyond Queensland

Every state has its own security-of-payment regime — NSW (BCISP Act), Victoria (SOP Act), WA, and others. The principles rhyme (payment claim, payment schedule, adjudication, no "pay when paid") but the timeframes and wording differ. If you work across borders, treat each jurisdiction on its own terms.