If the Respondent chooses to respond to a Security of Payment Payment Claim with a Payment Schedule then this must be done within a very specific timeframe after receiving the Payment Claim.
The Payment Schedule should be addressed to the Claimant and include the following information:
- Clearly identify the Payment Claim to which the Payment Schedule has been prepared in response to;
- State the scheduled amount of the payment, if any, that the Respondent proposes to make to the Claimant;
- If the scheduled amount stated is less than the claimed amount (the amount stated in the Payment Claim as due for payment), the Payment Schedule must clearly state why it is less.
- If the reason for the scheduled amount being less is because the Respondent is withholding payment for any reason, these reasons must also be clearly explained in the Payment Schedule.
It is good practice to keep evidence of service such as facsimile receipt, express/registered post receipts and courier receipts etc so that you can demonstrate to the adjudicator when the Claimant received the document.
It is worth noting that the Respondent may not be allowed to introduce any new reason for withholding payment that has not been raised in the Payment Schedule. This highlights the importance of the Payment Schedule in delivering your position to the Adjudicator.
This is not the case in Victoria and as such it is advisable you consider referring to the relevant guidance notes on your Act which you may access through the information provided under each Adjudication Scheme by clicking here.
Payment Schedule timeframes after receiving a Payment Claim:
Payment Schedule timeframes after receiving a “Notice of Intention to Proceed to Adjudication” (2nd Chance Notice):
All legislations specify within five(5) business days of receiving the notice of intention to proceed to Adjudication except in Victoria.
In Victoria it is only 2 business days.