User guide - Giving a payment claim

Guidance
The Building Commissioner has published a template for a person wishing to make a payment claim under the Building and Construction Industry (Security of Payment) Act 2021 (the Act). This document provides guidance on using the template if you are the person giving the payment claim (the claimant).
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The template is recommended, but not mandatory. A claimant may prepare and use their own template for giving a payment claim under the Act, or alter the template provided.

The template also allows you to make a claim for the return of retention money withheld under the construction contract, but not for the return of other performance security (e.g. bank guarantees) or the substitution of retention money for a compliant performance security (if permitted).

You should prepare your own template for these types of payment claims. 

The Department of Energy, Mines, Industry Regulation and Safety – Building and Energy Division (Building and Energy) cannot assist with filling out the template or completing it on your behalf.

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