What to do when a builder won't pay you
If a builder won't pay, follow up in writing with the invoice details, ask for a specific payment date, and keep records. If the date passes, send a formal reminder. Subcontractors in every Australian state can also use security of payment laws to make a payment claim. Get advice before taking formal steps.
Start with a clear, written follow up
Text or email the builder's accounts contact with the invoice number, amount and due date. Ask when it will be paid. Keep it friendly. Many delays are paperwork.
Get a date and write it down
"Next payment run" isn't a date. Ask which day. Follow up the day after if it hasn't arrived.
Know your rights under security of payment laws
Every state and territory has a Building and Construction Industry Security of Payment Act. These give subcontractors a fast process to claim progress payments. Strict time limits and formats apply, so check the rules in your state.
Keep records
Keep your contract, variations, photos, invoices and every message. If it escalates, records make all the difference.
Get advice
This is general information, not legal advice. Your state's building authority, industry association or a lawyer can help with formal claims.
Sources
- NSW Fair Trading: security of payment
- QBCC: getting paid
- Australian Small Business and Family Enterprise Ombudsman
Last checked 6 November 2026.
Questions people ask
- What should I do first if a builder won't pay?
- Follow up in writing with the invoice details, ask for a specific payment date and keep records.
- Can subcontractors use security of payment laws?
- Yes. Subcontractors in every Australian state can make a payment claim under their state's Act. Get advice before taking formal steps.