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.
Key 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's court action, insolvency history, director track record and AI risk score in minutes.
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.