My client won't pay me as a builder — what can I do?
Short answer
Use the Construction Contracts Act payment-claim regime. Issue a proper Payment Claim under the Act. If the client doesn't respond with a Payment Schedule within the contract timeline (usually 20 working days), the full claim becomes payable as a default debt. That's enforceable in court. For ongoing builds, you can also refer the dispute to a fast adjudication. Slow-paying clients are usually a process problem — issuing a proper Payment Claim solves most of them.
Source: Construction Contracts Act 2002. Updated May 2026.
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Check a builderKey facts
- Issue a Payment Claim under the Construction Contracts Act, not just an invoice
- Payment Claim must state it's under the CCA and identify the contract
- Client's silence (no Payment Schedule) = automatic liability for full amount
- Adjudication available for ongoing disputes
- Liquidation petition possible for amounts over $1k (rarely used early)
The Payment Claim — the magic words
A Payment Claim under the Construction Contracts Act must: identify the construction contract, identify the work it relates to, state the amount claimed and how it was calculated, state it's a Payment Claim under the Act.
Most casual 'invoices' aren't formally Payment Claims. Use the right wording. There are templates online — Building Disputes Tribunal publishes one.
What happens after issue
The client has 20 working days (or whatever the contract specifies) to respond with a Payment Schedule. The Payment Schedule must say what they're paying and explain any deduction.
If no Payment Schedule arrives in the window: the full amount becomes a default debt. You can sue for it in the District Court (or High Court for big amounts). You can also use it as the basis for a statutory demand — and ultimately liquidation if the client is a company.
Adjudication for ongoing builds
If the client is paying drip-fed and disputing scope each time, refer the next dispute to adjudication. Building Disputes Tribunal nominates an adjudicator. Decision in ~28 working days. Binding.
Most homeowners settle once an adjudication application is filed — the cost and time pressure clarifies positions fast.
Knowing the rules is half the job. The other half is knowing who you're hiring. Check any NZ builder against the public record: company status, licensing and insolvency notices, from the official NZ sources.
Related questions
Sources: Construction Contracts Act 2002; Building Disputes Tribunal — buildingdisputestribunal.co.nz. General information for NZ homeowners, not legal advice. Building rules change and vary by council, so confirm critical details on the official source before acting. Last updated 2026-05.