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Unpaid progress claim

The progress claim was certified and the money has not arrived

When a certified progress claim goes unpaid, the problem is timing rather than entitlement — the work is done and the money is owed. HomeSec funds the gap against equity in real property, from $20,000 to $5,000,000, generally settling within 24 hours, with the claim itself as the exit. Every state and territory also has security of payment legislation that moves far faster than a court, and it should be running in parallel.

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Start the statutory process, today

Every Australian state and territory has security of payment legislation, and it exists precisely for this. It gives people who have done construction work a statutory route to payment that runs in weeks rather than the months a court would take. It is the first thing to do, and for many claims it is the only thing needed.

We are deliberately not going to tell you what your deadline is, and you should distrust any lender who does. Every jurisdiction has its own Act, its own time limits, its own definition of a valid payment claim, and its own exclusions — the Northern Territory runs a different model altogether, and Victoria's rules changed materially in April 2026. Your contract can also set a shorter period than the Act's default. Get the dates for your state and your contract from a construction solicitor or your state building authority. Do it today, because the periods are counted in business days.

Two things people get wrong about it
  • Silence from the other side is not an automatic win. It is widely repeated that a respondent who fails to serve a payment schedule in time simply loses. In New South Wales there is a further step: the claimant has to give notice of an intention to adjudicate, and the respondent then gets another short window to serve a schedule. Miss the notice and you can lose the advantage you thought you already had. This is exactly the kind of detail a solicitor earns their fee on.
  • Missing a step usually does not destroy the debt. It forfeits the statutory fast-track for that claim. The contractual debt survives, unpaid amounts can generally go into a later claim, and your ordinary court rights remain. Bad, not fatal — which matters, because panic at this point is what leads to bad borrowing.
It is fast, but it is not free

Adjudication carries an application fee and the adjudicator's fee, and the claimant is commonly asked to fund them up front. Legal costs are generally not recoverable even when you win. It is still far cheaper and far quicker than litigation, and it is still the right first move — but budget for it rather than being surprised by it, and factor it in when you work out how much you actually need to borrow.

Why people borrow anyway

Because "faster than a court" is still not fast enough for a payroll run. Adjudication measured in weeks is genuinely quick by legal standards and completely useless against a wages bill due Thursday, a supplier who has moved you to stop-credit, or the next project you cannot start without materials. And a determination is not the same thing as money in the account — it still has to be enforced, and it can be challenged.

So the two run in parallel, and that is the right shape: pursue the claim through the statutory process because it is cheap and it works, and fund the gap in the meantime so the business is still trading when the money lands.

The exit here is unusually clean

A certified claim is close to the strongest exit we see. The work is done, the entitlement is documented, and there is a statutory process behind it. That is a dated, identifiable event rather than a forecast, which is the part of any file that carries the most weight with us.

What we will ask about: the certification, the head contractor, whether a payment schedule was served and what it said, whether the statutory process is running, and whether the claim is genuinely certified or genuinely disputed. Not because a dispute disqualifies you — but because a disputed claim is a different exit on a different timeline, and we would rather know that on the first call than at month three.

We do not take a view on your contract

Whether a variation is payable, whether retention was properly held, whether the certification stands — none of that is a lender's judgement to make, and any lender who tells you it is should worry you. We lend against property equity and the credibility of the exit. Your solicitor argues the contract.

Why this is usually a caveat

The security is equity in real property you already own — a home, an investment property, commercial premises or land. A caveat can be lodged and settled without the first mortgagee's consent, which is what makes a same-week answer possible, and it does not touch your existing loan.

We do not require financial statements, tax returns, BAS, cash flow records or a sworn valuation. Construction files routinely arrive with none of those current, and it is not a reason to decline. To 80% of value on residential security, 70% on commercial, from $20,000 to $5,000,000.

A person decides every loan

Every application is read by a Lending Manager and every credit decision is signed off by a person. We do not use artificial intelligence to assess, approve, decline or price a loan. A bank feed that dips when a claim goes unpaid is exactly the pattern an automated system reads as danger and a person reads as a fortnight in construction.

The honest line

One late claim on an otherwise sound job is a cash-flow problem and this is the right product for it. A pattern of claims that never get paid, on a contract that is losing money, is not a cash-flow problem — and borrowing against the family home to keep it going makes the eventual outcome worse. We would rather say that in the first ten minutes than write the file.

How much you can borrow

Take the property's value, multiply by 80% for residential security or 70% for commercial, and subtract what is already owing on it. What is left is roughly what is available, between $20,000 and $5,000,000. Several properties can be added together, and the borrower does not have to be the owner — companies, trusts and sole traders — including start-ups, with everyone on title signing. Up to 80% on residential and 70% on commercial. Lower on large acreage, and LVRs may reduce on properties worth less than $800,000.

From the call to the money

1

Tell us the deal

Amount, purpose, timing, the property and how the loan gets repaid. A Lending Manager gives you an indicative answer on that call — usually in minutes.

Minutes

2

Conditional approval

Photo ID, a rates notice and your most recent mortgage statement. That is the whole list, and it takes about fifteen minutes.

About 15 minutes

3

Funds released

As little as 24 hours from a clean, complete scenario. Paid where you tell us — to your account, or straight to the ATO.

As little as 24 hours

What it costs

Priced per file, on the property, the position, the amount and the exit. No rate is published, because a rate with "from" in front of it is the best file's number. How it is priced, and every fee that exists.

Upfront: a small commitment fee, payable only once your loan is conditionally approved
Valuation fee: none — we don't use valuers
Monthly or line fees: none — no monthly, line or account-keeping fees
Fee to extend: none — no rollover fees, legal fees or rewriting the loan to extend

Questions we get on the phone

Can I get funding against an unpaid progress claim?
Not against the claim itself — we lend against equity in real property, with the claim as the exit. From $20,000 to $5,000,000, generally settling within 24 hours, with no financials or valuation required.
Should I use security of payment instead?
Use it as well, and start it first. It is far quicker and cheaper than court, though not free — there are application and adjudicator fees, usually funded by the claimant. The deadlines are counted in business days and differ by state, so get yours from a construction solicitor today rather than from a lender's website.
The claim is disputed rather than certified. Does that stop you?
No, but it changes the exit and we will want to understand it. A disputed claim has a longer and less certain timeline, so the file is assessed on that basis rather than on the certified one.
What if I am behind on super or PAYG as well?
Common, and not disqualifying. It is worth reading unpaid superannuation first — that exposure reaches directors personally and is usually the one to clear before anything else.
How long can I hold the loan?
As long as the purpose and exit remain sound. The term is open — no minimum, no maximum, no fee to extend — which matters here, because nobody can tell you exactly when a contested claim will be paid.
How much can I borrow while I wait for the claim to be paid?
Between $20,000 and $5,000,000, set by the equity in the property offered as security — 80% of a residential property or 70% of a commercial one, less what is already owing. The claim itself is not the security; it is the exit.
Do I need financials or a valuation?
No. We assess the property ourselves and do not ask for financial statements, tax returns or BAS. What we do want to see is the certified claim and the contract, because they show how the loan gets repaid.
What happens if the claim takes longer to be paid than expected?
The term is open, with no minimum and no fee to extend, so a claim that drags through adjudication or a head contractor who pays late does not put the loan into default. The interest keeps accruing until it is repaid, which is the only cost of the delay.
Related situations

Timing risk concentrates in construction, but it is not confined to it.

Talk to a Lending Manager

Have the claim, the certification and the date it was due. 1300 93 83 87, Mon–Fri, 8:30am – 5:30pm Melbourne time.

Sixty seconds, no documents

See if you qualify in sixty seconds

Three short questions, no credit check to apply and no financial statements. A Lending Manager reads it and calls you back with a real answer — not a call centre, not an algorithm.

That's the HomeSec Advantage.

See if you qualifyCall 1300 93 83 87Mon–Fri, 8:30am – 5:30pm Melbourne time

Reviewed by Matt Hempel, National Credit Manager

1300 93 83 87 homesec.com.au
Get funded Call 1300 93 83 87