Set out progress claims before payment issues start

Payment problems in construction often come from unclear trigger points rather than a complete lack of agreement. If the contract does not say when a claim can be made, what supporting detail is required, or how variations affect the amount payable, arguments can start early in the job. Clear progress claim terms help set the payment rhythm for the project. They can also clarify whether claims are tied to dates, milestones, percentages of completion, signed-off work, or another method that matches how the project is actually being delivered.

These terms commonly deal with the claim schedule, payment milestones, what information must accompany a claim, how the claimed amount is calculated, and what happens if work changes during the project. They may also address retention-style arrangements if relevant, supporting records, site responsibilities connected to payment triggers, and the process for raising disagreements. The right drafting depends on whether you are a builder, subcontractor or principal, and whether the contract uses staged pricing, measured work, lump sum pricing or another commercial structure.

Useful information includes the draft contract, quote or scope of works, the payment model being used, the project stages, and how variations are expected to be approved and priced. It also helps to know whether claims will be linked to calendar dates, practical milestones, third-party sign-off, or completion percentages. If there are site-specific requirements that affect when work is treated as complete, those should be flagged as well. The more clearly the commercial process is described, the easier it is to draft terms that match the reality of the job.

Generic templates can leave gaps where the commercial model, customer journey or risk profile is more specific than the precedent assumes. However, it often leaves gaps where the project has unusual milestones, fast-moving variations, mixed labour and materials pricing, or site conditions that affect completion. Generic wording may also sit awkwardly with the rest of the contract if the scope, timing and payment mechanics were quoted in a different way. Tailored drafting is often worthwhile where payment timing is commercially sensitive or where multiple subcontractors and approval steps are involved, because small wording issues can have a large effect once claims start being submitted.

Once engaged, you send through the contract or draft terms you want us to work from, along with any quote, scope or payment schedule that explains the commercial deal. We review the material, clarify the key payment and variation mechanics, and then draft or mark up the progress claim terms. After you review the wording, we can make amendments to reflect agreed changes. Timing depends on the state of the draft and the complexity of the project, especially where the payment structure is tied closely to technical milestones or layered approvals.

Just submit an enquiry via this page or click the 'get started' button on our website to submit an enquiry. After you've submitted an enquiry, one of our legal consultants will review your enquiry within 1 business day and get in touch to get a better idea of exactly what you are looking for.

Then your legal consultant will send through an email with a bit more information about the services you need, along with a fixed fee quote setting out costs, scope of the service and timing. Have a read through it, and if you're happy with the scope, you can accept and sign our engagement letter online - easy!

Once you've formally accepted, we'll connect you with a specialist lawyer and they will work with you to complete your project. They will contact you by email or phone if they need to get in touch.

Sprintlaw works on fixed-fee pricing wherever possible, so you can review the scope and cost before you decide whether to proceed. For the Progress Claim Terms service, pricing starts from $900.00.

After you enquire, a legal consultant will confirm what is included, the expected timing and whether any extra work is needed before you engage us.

We operate completely online, which means we can help you wherever you are in New Zealand. We have office spaces in Sydney, and in Melbourne, but our use of technology allows our team members to work remotely from around the world. Our legal team are mostly based in Sydney, Melbourne, Brisbane and Perth. We also have a London office for Sprintlaw UK.

Our legal team is made up of experienced lawyers, who are specialists in various areas of law and hold an Australian legal practising certificate. None of our Sprintlaw lawyers are New Zealand qualified lawyers and they do not currently hold a New Zealand practising certificate.

They provide legal services working remotely from Australia via our 'legal consultancy' model, through which (under section 6 and section 35 of the New Zealand Lawyers and Conveyancers Act 2006) our Australian legal team are permitted to provide legal services to New Zealand businesses provided they do not provide services in certain 'reserved' areas of law. You can read our FAQ page to learn a bit more about our 'legal consultancy' model.

Given the strong similarities between Australian and New Zealand law, and the areas of law in which we practice (being small business and startup law), we do not view the fact that our lawyers have not qualified in New Zealand as having any substantive impact on the quality of our service. We are committed to ensuring that we provide high quality, affordable legal services to all our New Zealand clients.

Our legal team have all trained at leading firms, but have left the traditional corporate law world to join us on our mission to create a new and better way of delivering legal services. They have specialist expertise in technology law, intellectual property law, contract drafting and review, corporate law and commercial law.