---
title: "Check the day a progress payment claim may be served"
url: "https://ailawframework.com/practice/construction-and-infrastructure/check-the-day-a-progress-payment-claim-may-be-served"
type: "task"
site: "AI Law Framework"
id: "A11-JU20261022-17"
practice_area: "Construction & Infrastructure"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Check the day a progress payment claim may be served

> 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…

Canonical page: https://ailawframework.com/practice/construction-and-infrastructure/check-the-day-a-progress-payment-claim-may-be-served  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Construction & Infrastructure](https://ailawframework.com/practice/construction-and-infrastructure.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

A claim may be served on and from the last day of the named month, or any earlier day the contract states, and only inside the later of the two periods.

- What the AI does: 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 does: The lawyer decides the day service is permitted and whether the contract allows more than one claim in that month.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. 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.
2. If the contract has been terminated, a claim may be served on and from the date of termination.
3. 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.
4. 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.

## Notes

- 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.

## Sources

- [Building and Construction Industry Security of Payment Act 1999 (NSW) s 13](https://classic.austlii.edu.au/au/legis/nsw/consol_act/bacisopa1999606/s13.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/construction-and-infrastructure/check-the-day-a-progress-payment-claim-may-be-served/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*