---
title: "Prepare an ACT payment schedule within the earlier of the contract time and 10 business days"
url: "https://ailawframework.com/practice/construction-and-infrastructure/draft-the-payment-schedule-and-adjudication-response/australian-capital-territory"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A11-SOP-ACT-2"
practice_area: "Construction & Infrastructure"
tier: "red"
lawyer_review: "required"
jurisdictions: ["ACT"]
last_reviewed: "2026-09-23"
---

# Prepare an ACT payment schedule within the earlier of the contract time and 10 business days

> Extract the claimed amount, the day the claim was given and the respondent’s instructed reasons into a payment-schedule shell.

Canonical page: https://ailawframework.com/practice/construction-and-infrastructure/draft-the-payment-schedule-and-adjudication-response/australian-capital-territory  
Last reviewed: 2026-09-23

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 | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | Extract the claimed amount, the day the claim was given and the respondent’s instructed reasons into a payment-schedule shell. |
| What the lawyer must review | Fix the scheduled amount and each withholding reason Approve the schedule that is sent Keep the adjudication response inside those reasons and the section 22 periods |
| Written for | Australian Capital Territory |
| Applies to | [Draft the payment schedule and adjudication response](https://ailawframework.com/practice/construction-and-infrastructure/draft-the-payment-schedule-and-adjudication-response.md) |

## Checking plan

**Lawyer-led judgement**

Section 16 makes the respondent liable for the claimed amount if no payment schedule is given by the earlier of the contract time and 10 business days. Section 22 then limits the adjudication response to the reasons in that schedule.

- What the AI does: Extract the claimed amount, the day the claim was given and the respondent’s instructed reasons into a payment-schedule shell.
- What the lawyer does: Set the scheduled amount and every reason for withholding, choose the day it is given, and approve the schedule that is sent.
- Who reviews: Lawyer competent in the matter and this security-of-payment statute
- Basis: Read on 22 September 2026 from the NSW in-force Act, ACT Republication No 14 effective 6 December 2025, and the linked government pages. Confirm the instrument is still current.
- Why: The traffic light follows the consequence of serving a payment claim or payment schedule on the wrong date, or with the wrong contents.
- Restriction: The lawyer leads this decision. Assistance stays inside the preparation described for the task.

## Checks the lawyer makes

1. Record the day the payment claim was given. Section 16(4) uses the time the contract requires, or 10 business days after the claim is given, whichever is earlier.
2. Make the schedule identify the payment claim and state the scheduled amount. If that amount is less than the claimed amount, indicate why, and state each reason for withholding.
3. If the section 16(4) time was missed, a further schedule depends on the claimant’s section 19(2) notice, given within 20 business days immediately following the due date. The respondent then has 5 business days after receiving the notice.
4. Keep any adjudication response inside section 22: only if the payment schedule was in time, only with reasons already in the schedule, and before the later of 7 business days after the respondent receives a copy of the application and 5 business days after notice of acceptance. Give the claimant a copy not later than 2 days after the response is given to the adjudicator.

## Notes

- Suggested working checks from the linked public source. Read that source before you rely on the check. This is not a record that the check has been done.

## Practical guide

Jurisdiction: Australian Capital Territory

**Deliverable**: A payment schedule that identifies the claim, states the scheduled amount, and states the reasons the lawyer has approved, or a note that no schedule will be given and why.

**Inputs**

- The payment claim and the day it was given
- The construction contract’s payment-schedule clause
- The respondent’s instructions on the amount and the reasons
- The ACT Act, sections 16, 19 and 22, in Republication No 14

**Example**: A contract that requires a payment schedule within 7 business days is earlier than the 10 business days in section 16(4)(b). The respondent who misses that earlier time becomes liable for the claimed amount on the due date.

**Stop and escalate when**

- The schedule is timed as a flat 10 business days when the contract states an earlier time.
- The copy of the adjudication response is counted as 2 business days. Section 22(5) says not later than 2 days after the response is given to the adjudicator.
- The section 19(1)(b) adjudication application is counted as 10 business days after the end of the 5-day period only. Section 19(3)(d) uses the earlier of that end and the day the claimant receives the payment schedule.

Checked 2026-09-22.

## Sources

- [Building and Construction Industry (Security of Payment) Act 2009 (ACT), Republication No 14, effective 6 December 2025](https://www.legislation.act.gov.au/DownloadFile/a/2009-50/current/PDF/2009-50.PDF) (checked 2026-09-22)
- [ACT Government: Security of payments](https://www.planning.act.gov.au/professionals/building-regulatory-system/practitioner-regulation/security-of-payments) (checked 2026-09-22)

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