Victorian Consolidated Legislation

Building and Construction Industry Security of Payment Act 2002 - SECT 15

Payment schedules

15. Payment schedules



(1) A person on whom a payment claim is served (the respondent) may reply to
the claim by providing a payment schedule to the claimant.

(2) A payment schedule-

   (a)  must identify the payment claim to which it relates; and

   (b)  must indicate the amount of the payment (if any) that the respondent
        proposes to make (the scheduled amount); and

   (c)  must identify any amount of the claim that the respondent alleges is
        an excluded amount; and

   (d)  must be in the relevant prescribed form (if any); and



   (e)  must contain the prescribed information (if any).



(3) If the scheduled amount is less than the claimed amount, the schedule must
indicate why the scheduled amount is less and (if it is less because the
respondent is withholding payment for any reason) the respondent's reasons for
withholding payment.

(4) If-

   (a)  a claimant serves a payment claim on a respondent; and

   (b)  the respondent does not provide a payment schedule to the claimant-

   (i)  within the time required by the relevant construction contract; or

   (ii) within 10 business days after the payment claim is served; whichever
        time expires earlier- the respondent becomes liable to pay the claimed
        amount to the claimant on the due date for the progress payment to
        which the payment claim relates.