Prepare a South Australian payment schedule, or count the section 17 adjudication window
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Extract the day the payment claim was served, the contract schedule clause, the claimed amount and any schedule already served into a dated table.
- What the lawyer must review
- Set the scheduled amount and reasons, or name the section 17 limb
- Approve the document that is served
- Do not let the dated table choose the limb
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. South Australia
Produce. A payment schedule that identifies the claim and states the scheduled amount, or an adjudication checklist naming the section 17(3) limb and the last day.
Have ready. The payment claim and the day it was served; The construction contract schedule clause; The due date taken from section 11 of the current PDF; The authorised Act, sections 14, 15, 16, 17 and 20.
Example of the limit. The respondent provides no payment schedule and does not pay by the due date. Section 17(2) requires notice of intention to apply for adjudication within the 20 business days immediately following the due date, and then 5 business days after that notice for a payment schedule. Section 17(3)(e) requires the application within 15 business days after the end of that 5 business day period. The application is made to an authorised nominating authority chosen by the claimant.
Stop and hand it back when
- The schedule period is taken from Western Australia or Queensland without reading section 14. Section 14 uses the time required by the contract or 15 business days after the payment claim is served, whichever expires earlier.
- The three section 17 windows are collapsed into one 20-business-day period. A lower scheduled amount, an unpaid scheduled amount, and a case with no schedule are different paragraphs.
- An adjudication response is lodged where no payment schedule was provided within section 14(4) or section 17(2)(b). Section 20(3) says the respondent may lodge a response only in that case, and section 20(4) keeps out reasons that were not in the schedule.
- The due date used to start the section 17 count was filled in from another state because section 11(1)(b) was hard to read.
Sources for this task were checked on 2026-09-22.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Extract the day the payment claim was served, the contract schedule clause, the claimed amount and any schedule already served into a dated table. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Provide any payment schedule within the contract time or 15 business days after the payment claim is served, whichever expires earlier. Identify the claim and indicate the scheduled amount.
- If no schedule was provided and the amount is unpaid, give the section 17(2) notice within the 20 business days immediately following the due date, and allow 5 business days after the notice before applying.
- Choose the matching section 17(3) period: 15 business days after the schedule is received, 20 business days after the due date, or 15 business days after the end of the section 17(2)(b) period. Make the application to an authorised nominating authority and serve a copy on the respondent.
- Lodge an adjudication response only if the payment schedule was in time, only with reasons already in the schedule, and before the later of 5 business days after the copy of the application and 2 business days after notice of acceptance.
Sources
- Building and Construction Industry Security of Payment Act 2009 (SA), authorised version 10.12.2011, current PDF · 2026-09-22
- South Australian legislation: Building and Construction Industry Security of Payment Act 2009 · 2026-09-22
- Small Business Commission South Australia: Builders and construction businesses · 2026-09-22
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.