NSW: Supporting Statement by Head Contractor

Where a Payment Claim is both:

1. served on a “principal” to a “construction contract” by a “head contractor” and
2. in relation to a construction contract (whether written or oral)

an additional supporting statement is required to be appended to the Payment Claim served on the respondent.

The supporting statement must be in the form approved by the Secretary (Commissioner for Fair Trading, Department of Finance, Services and Innovation).

The head contractor must declare that to the best of their knowledge and belief, they have paid all subcontractors all amounts that have become due and payable in relation to the construction work that is the subject of the payment claim.

A head contractor who has a construction contract that is not an owner occupier construction contract should use the approved Supporting Statement - Construction Contract form

A head contractor who has a construction contract that is an owner occupier construction contract should use the approved Supporting Statement - Owner Occupier Construction Contract form.

IMPORTANT: Knowingly giving false or misleading information is a serious offence which carries significant penalties including imprisonment.

Note: the NSW Court of Appeal has recently held that service of a payment claim by a head contractor without a supporting statement does not invalidate the payment claim.