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1Repair Windows errors before they cause bigger problems2Fix the driver behind crashes, sound loss and screen glitches3Clear out junk files and repair common Windows errorsIf a building contractor has stopped paying, act on two tracks at once: preserve and enforce your payment rights, and file a claim in the contractor’s insolvency. First identify the legal entity, jurisdiction and insolvency procedure. Then calculate the debt, serve the contract or statutory payment claim correctly, investigate adjudication and lien or bond rights, and submit a proof of debt to the appointed liquidator, receiver, trustee or administrator. A court claim or lien filed against the wrong party or after a short deadline can be worthless, so have a construction solicitor or licensed insolvency practitioner check the route before filing.
What changes when a contractor fails?
An unpaid invoice can arise from ordinary non-payment, a contract dispute, or formal insolvency. Those situations are not interchangeable. If the contractor is still trading, a compliant payment claim, adjudication, court judgment or security right may produce payment directly. Once liquidation, administration, receivership or bankruptcy begins, payments and claims are usually controlled by the appointed office-holder and distributed under insolvency priorities.
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Do not assume that an invoice is only an unsecured debt. Depending on the project and local law, you may also have a statutory adjudication right, lien, retention or holdback claim, payment-bond claim, trust-account remedy, or a route to redirect money that the project owner still owes the failed contractor. Each remedy has its own eligibility, notice, service and limitation rules.
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Confirm the exact contracting entity
Use the signed contract, purchase order and invoices to identify the legal name and company number of the party that owes you money. A trading name, site sign or director’s name may not be the contracting party. Check whether a parent company, special-purpose project company, joint venture, principal contractor or guarantor signed separate obligations. Address every notice to the entity and address specified in the contract’s notice clause, while copying the current office-holder when one has been appointed.
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Pin down the governing law and project location
Construction payment, lien and insolvency rules are territorial. The governing-law clause may differ from the place where the land, materials or work are located. Confirm the country, state or province, the project type, your role as subcontractor, supplier or consultant, the contract date, and whether a statutory security-of-payment regime applies. Do not use a form or deadline from another jurisdiction simply because the wording looks familiar.
Check for formal insolvency
Search the relevant corporate, court and insolvency registers and ask the contractor in writing whether an administrator, liquidator, receiver, trustee in bankruptcy or official receiver has been appointed. Obtain the appointment date, office address, claim form, bar date and instructions for service. HMRC guidance states that after insolvency, payments may be made to a trustee in bankruptcy, liquidator or receiver. The UK Insolvency Service explains that book debts and estate assets can be collected through an agent, solicitor or official receiver.
A register search is only a starting point. Confirm the status with the named office-holder and preserve the search result. A contractor may have stopped work without entering a formal procedure, or an individual director may be bankrupt while the company remains active. The correct debtor and procedure determine who can accept payment and which enforcement steps are lawful.
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Short statutory notice windows can expire while a dispute is being negotiated. Create a read-only project file and preserve the original versions of:
- the signed contract, subcontract, purchase orders and incorporated specifications;
- invoices, payment claims, schedules, applications for payment and statements of account;
- delivery dockets, timesheets, site diaries, photographs, inspection records and completion certificates;
- approved and disputed variations, extensions of time, instructions, defects notices and set-off notices;
- emails, text messages, meeting minutes and proof that each notice or invoice was served;
- retention statements, bond documents, guarantees, trust or project-bank-account records and insurance details; and
- the insolvency notice, office-holder correspondence, register extracts and any adjudication or court documents.
Reconcile the ledger
Build a claim schedule that shows the original contract price, work or goods supplied, approved variations, retention, credits, defects allowances, prior payments, interest and any contractual set-off. Separate undisputed sums from amounts that require valuation or evidence. For every invoice or payment claim record the date served, contractual due date, statutory due date, payment schedule received, amount admitted and amount withheld. Keep tax treatment and currency consistent with the contract.
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Do not inflate the insolvency claim by including amounts already paid, unapproved variations or prospective loss that the contract and local statute do not allow. Conversely, do not abandon retention, interest or a valid variation merely because the contractor has failed. A clear schedule lets an adjudicator, court or office-holder see which part is immediately due and which part is contested.
Serve a compliant demand or payment claim
Use the contract’s notice clause and the applicable security-of-payment statute. A useful claim identifies the contract, work or goods supplied, amount claimed, calculation of variations and retention, due date, payment account, supporting records and the consequences of non-payment. State whether the amount is an invoice, statutory payment claim, demand for release of retention or notice of lien or bond claim. Serve it exactly as the contract or statute requires and retain delivery evidence such as the designated email receipt, courier record or portal confirmation.
A demand letter can prompt payment or obtain an admission, but it does not extend a statutory filing or lien deadline. If a payment schedule, withholding notice or adjudication notice is required within a set period, diarise that date independently of settlement discussions. Send a corrected claim promptly if the first notice used the wrong entity, address, project reference or statutory wording; ask local counsel whether the defect can be cured.
Use adjudication or a payment tribunal where available
Adjudication is intended to produce a rapid, interim decision on the amount payable without requiring the whole construction dispute to be tried first. Eligibility, notice periods, adjudicator appointment, evidence limits and enforcement differ by jurisdiction. A successful claimant normally receives a determination or certificate that can be enforced as a judgment, while the underlying contract dispute may continue to arbitration or court.
Canada: federal prompt-payment route
For projects covered by Canada’s Federal Prompt Payment for Construction Work Act, a contractor or subcontractor that has not been fully paid within the statutory period can seek an adjudicator’s determination. The Act includes a 21-day deadline for a notice of adjudication in the circumstances specified by the legislation. It also provides for interest after the applicable payment deadline. The deadline is not a universal rule for every Canadian project: confirm that the federal Act applies, identify the triggering payment event and use the prescribed notice and service method.
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New South Wales
NSW Government guidance says an adjudication certificate can be filed with a court to obtain a judgment debt. The government describes the resulting judgment as enforceable in the same way as any court judgment, without the court having to decide the matters in dispute. Check the applicable Security of Payment legislation, payment-schedule dates, adjudicator nomination process and court filing requirements. The NSW enforcement guidance was updated on 17 August 2026, so use the current forms and procedural instructions rather than an older template.
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Victoria
The Building and Plumbing Commission Victoria states that an adjudicated amount becomes a judgment debt enforceable in the same way as a court judgment. Its Security of Payment Act is described as providing a fast and inexpensive process for recovering payments and performance securities due under a construction contract, without requiring lawyers to become involved. Guidance on adjudication options was updated 30 June 2026, and amendments referenced by the regulator took effect on 15 April 2026. Check whether the amended provisions apply to the contract and claim date, and follow the current authorised nominating authority process.
What to submit
Prepare a short, indexed adjudication bundle: the contract and relevant terms, payment claim, payment schedule or evidence of non-payment, claim calculation, delivery and completion records, variations, photographs, correspondence and proof of service. Explain the relief sought and distinguish admitted sums from disputed valuation. Missing a notice, attaching the wrong contract or serving an unauthorised recipient can defeat jurisdiction even where the work was completed.
Assess liens, holdbacks, bonds and direct-payment rights
Liens
A lien is a defined security right, not a general claim over the whole building. It may attach only to specified land interests, unfixed plant or materials, or other legally defined property, and may require a registration, notice to the owner, court action or preservation step within a short period. Before filing, verify who owns the land, whether the materials remain unfixed, the amount secured, the required form, service method and expiry date.
NSW guidance says that once a progress payment is due, a claimant may exercise a lien over unfixed plant or materials supplied for the work. The scope is narrower than a right to seize a completed building and can be lost when materials are fixed, removed or paid for. Keep delivery evidence linking the materials to the project.
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The UK Insolvency Service’s technical guidance states that liens are generally enforceable even after formal insolvency has commenced. That does not make every asserted lien valid or determine priority. Obtain advice before selling, removing or withholding property, because wrongful interference can expose you to damages and may breach site-safety or possession rules.
Statutory holdbacks and trust or project accounts
Some regimes require the principal or head contractor to retain a percentage of payments for a statutory period, maintain a trust, or operate a project bank account. Check the payment schedule, account statements and project documents for a retained fund. A holdback claim may have a different deadline and priority from an ordinary invoice, and releasing the fund to the failed contractor may trigger a separate dispute.
Payment bonds and guarantees
Request the payment bond, subcontractor bond, parent guarantee and issuing institution’s claim instructions. Bond wording controls notice, proof, time bars, dual-obligee status, exclusions and whether a judgment or adjudication is required. Notify the surety within the stated period even if liability is still being investigated. A bond claim is usually separate from the insolvency proof and may require crediting any dividend or other recovery.
Redirecting money owed by the principal
In some jurisdictions a claimant can obtain a debt certificate and serve a notice that assigns or redirects money the project owner or principal owes the failed contractor. Victoria guidance describes this route for qualifying payment claims. It reaches a debt in the principal’s hands rather than merely competing with unsecured creditors, but it is available only when the statutory conditions, certificate and notice requirements are met. Confirm the principal’s identity, the amount still owing and whether another creditor has already served a competing notice.
File a proof of debt in the insolvency
Submit the proof of debt or creditor claim in the form and by the date set by the office-holder, even while pursuing adjudication, a lien or bond. Attach the signed contract, invoices, ledger, completion evidence, adjudication determination, security documents and relevant correspondence. State amounts for principal, retention, interest, taxes and costs separately, and identify any disputed or unliquidated component.
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Ask the office-holder how set-off, counterclaims, defects, retention, lien priority and bond recoveries will be treated. A valid security interest or lien can receive different treatment from an unsecured invoice. Do not sign a release, accept a compromise dividend or vote on a restructuring proposal without checking whether it waives adjudication, lien, guarantee or bond rights.
Request confirmation that the claim was admitted, rejected or marked for further evidence. Ask for the estimated ranking, any proof-of-debt bar date, expected reports to creditors and the procedure for amending the claim. Insolvency distributions depend on assets, secured claims, expenses and statutory priority; no general recovery percentage or payment time can be predicted from the invoice alone.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Compare the main recovery routes
| Route | Who may use it | Typical timing issue | What it can reach | Main risk |
|---|---|---|---|---|
| Contract demand or court claim | A creditor with a contractual debt and a justiciable dispute | Contract limitation period, pre-action steps and court timetable | The contractor, guarantor or other liable contracting party | Slow process, legal cost and insolvency enforcement risk |
| Statutory adjudication | Eligible contractors, subcontractors or suppliers under the local payment statute | Short payment-claim, payment-schedule and adjudication-notice windows | An interim payment determination, often enforceable as a judgment debt | Jurisdiction or service error can invalidate the determination; payment may still require enforcement |
| Lien | A claimant with the legally defined interest in land, materials or plant | Preservation, registration and enforcement deadlines can be very short | Only the property or materials covered by the statute | Wrong property, late notice, fixed materials or defective registration |
| Holdback, trust or project account | Claimants meeting statutory or contract conditions | Release and notice dates set by the statute or project documents | Retained funds or trust assets | Fund may already have been released or another claimant may have priority |
| Payment bond or guarantee | Beneficiaries named in the bond or guarantee | Notice and proof time bars in the instrument | The surety or guarantor, subject to the instrument | Coverage exclusions, notice defects and credit for other recoveries |
| Insolvency proof of debt | Any creditor with an admitted or provable claim | Office-holder’s bar date and proof requirements | The contractor’s distributable estate | Unsecured priority, limited assets and counterclaims |
A practical sequence for the first 14 days
- Day 1: secure records. Export the contract file, invoices, site records, photographs, correspondence and proof of service. Lock the originals and create a calculation workbook.
- Day 1–2: verify identity and status. Confirm the contracting entity, company number, project owner and governing law. Search the relevant registers and contact any office-holder for claim instructions.
- Day 2–4: calculate and classify. Reconcile work, variations, retention, credits, defects, set-off, interest and payments. Mark undisputed, disputed, secured and unsecured portions.
- Day 2–5: preserve statutory rights. Ask local counsel to check adjudication, lien, holdback, bond and limitation deadlines. Serve any notice that must be served immediately; do not wait for a settlement meeting.
- Day 3–7: send the compliant claim. Use the contractual notice address and statutory form. Include the amount, due date, supporting records and service evidence.
- Day 5–10: prepare adjudication or security enforcement. Assemble the indexed bundle, nominate the adjudicator or file the certificate or lien document using the authorised procedure.
- By the office-holder’s deadline: file insolvency papers. Submit the proof of debt with evidence and disclose adjudication, bond or lien claims. Keep proof of submission and request an admission decision.
- Throughout: control communications. Use one factual chronology, avoid admissions about defects or set-off, and record every call, payment promise and document received.
Common mistakes that destroy otherwise valid claims
- Waiting for a promise to pay. Informal negotiations do not normally stop a statutory clock.
- Using the wrong legal name. A notice to a trading style or director may not bind the company that signed the contract.
- Serving an invoice instead of a statutory payment claim. Some statutes require prescribed wording, value, reference date and service method.
- Assuming a lien covers finished work. Many liens are limited to defined materials, plant or land interests and expire unless preserved.
- Ignoring the principal. The owner may still owe money to the failed contractor, or a bond, retention or trust may exist.
- Filing only in the insolvency. An unsecured dividend can be much less valuable than a valid lien, bond, adjudication judgment or direct-payment remedy.
- Filing only an adjudication. A determination does not replace the proof of debt or guarantee that the estate has cash.
- Signing a broad release. A settlement or dividend acknowledgment can waive security, interest or further claims if drafted broadly.
- Removing materials without advice. Ownership, fixation, safety and trespass rules can make self-help unlawful.
- Relying on an old form. Statutes and regulator guidance change. Victoria’s amendments referenced by the Building and Plumbing Commission took effect on 15 April 2026, and NSW enforcement guidance was updated on 17 August 2026.
Documents to take to a construction solicitor or insolvency practitioner
- Contract, subcontract, purchase order and notice clause;
- full invoice and payment-claim register with service evidence;
- contract sum, variation and retention schedule;
- delivery dockets, timesheets, photographs, certificates and defect records;
- payment schedules, withholding notices and settlement correspondence;
- company and insolvency register results and office-holder appointment documents;
- bond, guarantee, insurance, trust, holdback and project-account documents; and
- any adjudication determination, court judgment, lien notice or principal-payment notice.
Ask the adviser to map each remedy against six questions: do you qualify, what is the filing and service deadline, how quickly can it produce an enforceable result, what will it cost, whose money or property can it reach, and where will it rank against secured creditors and other claimants? That map prevents an avoidable choice between remedies that can be pursued together.
When professional help is essential
Obtain local advice before filing where the contractor’s legal identity is unclear, the project crosses borders, the contract contains arbitration or a pay-when-paid clause, defects or set-off are substantial, a lien deadline is close, a bond has strict notice wording, or formal insolvency has begun. A construction solicitor can coordinate contract, adjudication, lien and limitation rules. A licensed insolvency practitioner can confirm the correct proof process, ranking and whether the estate has distributable assets. Their roles are complementary: one protects project-payment rights, the other protects the creditor claim inside the insolvency.
Bottom line
Recovering an unpaid construction invoice after a contractor fails is a coordinated legal and evidence exercise, not a single demand letter. Preserve the file, verify the debtor and office-holder, calculate the claim, serve the correct payment notice, and immediately test adjudication, lien, holdback, bond and direct-payment options. File the insolvency proof as well, because a fast judgment or security remedy does not replace participation in the estate. Deadlines and eligibility are local; have the exact jurisdiction, contract role and insolvency status checked before relying on any form or date.
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