Running and defending building claims in NCAT and in the courts, including appeals.
Time limits
The sequence, in outline
Under the NSW Security of Payment legislation, a payment claim starts a sequence of steps. Miss one and rights can be lost entirely, sometimes within days.
01
A payment claim is served
The claim must meet the requirements in the Act to count as a payment claim at all.
02
A payment schedule is due in reply
A respondent who does not reply in time can lose the right to raise reasons for withholding payment.
03
Adjudication may be available
An adjudication application must be made within the period the Act allows for the situation.
04
The determination is enforced or challenged
Adjudicated amounts can be recovered as a debt; challenges are narrow and urgent.
Time limits
Building disputes run on deadlines, and most of them are short
The number of days at each step depends on the type of notice and the contract. Do not rely on a figure from a website, including this one. Bring your documents and the dates to a lawyer straight away.
General information, not legal advice. This page sets out how the law generally applies. It does not take account of your circumstances, and you should get advice about your own situation before acting on it. The official sources this page is written from are listed on it; where they differ from anything here, they are the authority.
How we work
From first contact to a position
01
Share a short summary
Tell us the project stage, the issue and any approaching dates. We will explain how to provide documents after the initial checks.
02
Get a position, in writing
We set out what the contract requires, what the legislation adds, the realistic options and what each is likely to cost.
03
Act on it
Negotiation, adjudication, expert evidence or proceedings. We tell you when a matter is not worth running.
Guides
Before you sign, and before you fight
What to check before you sign a residential building contract
The clauses that cause most of the disputes we see, and what they mean in practice.
Sometimes, and sometimes not. Correspondence in a building dispute becomes evidence. A letter that concedes the wrong point is hard to undo, so it is worth a conversation before you send anything significant.
Is it worth pursuing if the amount is modest?
Not always. We will tell you when the likely recovery does not justify the cost and risk, and what the cheaper options are.
Do I need an expert report?
An expert report can help where the issues are technical, and whether one is needed depends on the claim and on the directions the tribunal or court makes. NCAT publishes what it expects of expert evidence. We advise on when to commission one and what it should address.
What is the difference between NCAT and court?
NCAT hears many residential building claims. Larger or more complex matters, and some commercial ones, belong in the courts. Which applies depends on the claim.
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Jameson Law’s Local Business Awards, 2021–2026, with the distinctions shown.
Jameson Law at the 2026 awards.
Professional bodies and memberships displayed by Jameson Law.
Next step
Send us the contract and the dates
Tell us briefly where the project stands and we will come back to you with the next step.