Does the Act cover your contract?
The Act covers contracts for construction work: building and other structures, fittings such as heating, lighting and fire protection, and infrastructure such as roads and drainage. It includes work integral to that, such as excavation and scaffolding, and design, engineering and quantity surveying work.
building.govt.nz, "Other Construction Contracts Act 2002 requirements" (checked 1 Nov 2026), which points to s6 of the Act for the full meaning of construction work.That means consultants can claim their own fees under the Act. Construction work includes design or engineering work carried out in New Zealand for the kinds of work in s6(1)(a) to (d) and (f), and quantity surveying work carried out in New Zealand for the kinds of work in s6(1)(a) to (g). A design, engineering or quantity surveying consultant can make a payment claim the same way as a contractor: the six things below, and Form 1.
Construction Contracts Act 2002, s6(1A). It doesn't apply to a contract entered into before 1 September 2016, unless the contract is renewed on or after that date or the parties agree: s11A(2).When you can claim
You can serve a payment claim at the end of the period your contract sets. If the contract doesn't say, it's at the end of each monthly period for progress payments, or when all the work is done for a single agreed payment.
Construction Contracts Act 2002, s20(1), s17(2).building.govt.nz puts it this way: "You can make a payment claim for any amount you believe is due under the contract."
building.govt.nz, "Other Construction Contracts Act 2002 requirements" (checked 1 Nov 2026).The six things every payment claim must contain
- Be in writing.
- Identify the contract: enough detail to identify the construction contract the payment relates to.
- Identify the work and the period the payment relates to.
- State the amount claimed and the due date for payment.
- Show how you calculated the amount.
- State that it is made under the Act. The usual words are: "This is a payment claim made under the Construction Contracts Act 2002."
Attach Form 1, every time
A payment claim must go with an outline of how to respond to it and an explanation of what happens if the payer doesn't respond or doesn't pay. These must be in writing and in the prescribed form, which is Form 1, "Information that must accompany all payment claims".
Construction Contracts Act 2002, s20(3) and (4); Construction Contracts Regulations 2003, Schedule 1, Form 1.building.govt.nz: "You must include a notice (Form 1) with all payment claims you make." It applies to contracts entered into on or after 1 December 2015. Attach it word for word; don't rewrite it.
building.govt.nz, "Other Construction Contracts Act 2002 requirements" (checked 1 Nov 2026); Construction Contracts Act 2002, s11A(1).Getting the due date right
You and the payer can agree in the contract when payments fall due. If you haven't agreed, a payment is due 20 working days after the payment claim is served.
Construction Contracts Act 2002, s14(1)(d), s15 and s18.Working days leave out weekends, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, Matariki Observance Day, Labour Day and your province's anniversary day. For the due date and the payment schedule deadline, 24 December to 5 January doesn't count either.
Construction Contracts Act 2002, s5, "working day", paragraphs (a), (ab), (b) and (c).Our free deadline checker counts the days for you.
Serving the claim
A notice or document under the Act is sufficiently served if it is delivered to the person, left at their usual or last known place of residence or business in New Zealand, posted to their residence or business in New Zealand, or sent in a way set by regulations.
Construction Contracts Act 2002, s80.The payer's time to respond runs from service, so keep a record of when and how you served the claim.
Construction Contracts Act 2002, ss 18 and 22 (both count from when the claim is served).What the payer can do
If the payer disputes the claim, they can respond with a payment schedule. It must be in writing, identify your claim and state the amount they'll pay. If that's less than you claimed, it must say how they worked it out and why it's less.
Construction Contracts Act 2002, s21.What happens if they don't: our guide to a missing payment schedule.
Want it checked before you send it?
Check before you send $195 (plus GST if applicable): the Act's contents, Form 1, the dates and every line against your contract. Invoiced after delivery, due on the 20th of the month after the invoice.