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Why this is a ‘sample’ form
The Building and Construction Industry Security of Payment
Act 2002 does not require you to use any particular form.
This form can help you to prepare a complete and valid
Payment Schedule in response to a Payment Claim. You can
use it, adapt it for your purposes, or decide not to use it at all.
Certain details must be provided. If they are not provided,
the Payment Schedule is not valid.
The Act requires the Payment Schedule to:
• identify the Payment Claim to which it relates
• indicate the amount of payment (if any) that you
propose to make (the ‘scheduled amount’) and,
if the scheduled amount is less than the claimed
amount, why there is a difference, and
• if you entered into the contract with the Claimant
on or after 30 March 2007, identify the amount of the
claim (if any) that you allege is an ‘excluded amount’.
Before you start
Check the date of your contract
Amendments to the Act that came into effect
on 30 March 2007 altered the rules for completing
The amendments also changed what may happen if a
Respondent fails to pay the amount claimed on a Payment
Claim, provide a Payment Schedule on time, or pay in
accordance with a Payment Schedule.
Make sure you know which rules apply in your case.
If you entered a construction contract with the Claimant on
or after 30 March 2007, the new rules apply.
The Act explains when the contract applies and when
the Act applies. You should check the contract and the Act
before completing the Payment Schedule.
Check that you can provide the Payment
Schedule on time
The Payment Schedule must be served on the Claimant
within the time required by the contract or within 10
business days after you were served with a Payment Claim
– whichever is earlier.
The Payment Schedule can be served by delivering
it in person to the Claimant, lodging it during normal
business hours at the Claimant’s ordinary place of
business, posting or faxing it to the Claimant’s ordinary
place of business, or, if you entered the contract on or
after 30 March 2007, in any manner speciﬁed in the
contract. The Payment Schedule is not served until it
is received by the Claimant or at the Claimant’s ordinary place
of business. If it is posted, service is 2 business days after the day
in which it was posted. If it is faxed, service is immediate unless
the fax is sent after 4pm, in which
case service is the next day.
If you do not pay the claimed amount on or before the
due date, or provide a Payment Schedule on time, you are
liable to pay the full amount claimed. The Claimant may
recover this amount as a debt due in court or apply for
adjudication. In either case, you may incur associated court
or adjudication costs as well as having to pay the amount
claimed. You may also be charged interest on the unpaid
claimed amount. In the meantime, the Claimant has the
right to suspend work or cease supplying related goods and
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