Check the day a progress payment claim may be served
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the contract and the dates the work was carried out, state the earliest day the section allows a claim to be served, the later of the contract period and 12 months after the work was last carried out, and whether the file shows another claim served in that named month. Do not serve the claim.
- What the lawyer must review
- The lawyer decides the day service is permitted and whether the contract allows more than one claim in that month.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- A claim may be served on and from the last day of the named month in which the construction work was first carried out, or the related goods and services were first supplied, and on and from the last day of each subsequent named month. If the contract provides an earlier date for a particular named month, the claim may be served on and from that date instead.
- If the contract has been terminated, a claim may be served on and from the date of termination.
- A claim may be served only within the period determined by or in accordance with the contract, or the period of 12 months after the work to which the claim relates was last carried out or the related goods and services were last supplied, whichever is the later.
- Except as the contract otherwise provides, a claimant may serve only one payment claim in any particular named month for work carried out or undertaken to be carried out in that month. That limit does not prevent one claim for more than one progress payment, including an amount that was in a previous claim, or a claim in a later named month for work in an earlier named month. The lawyer decides the day. The note does not serve the claim.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.