Prepare a Western Australian payment schedule, or count when an adjudication…
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Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Extract the day the payment claim was made, the contract schedule clause, the claimed amount and any schedule already given into a dated table.
- What the lawyer must review
- Set the scheduled amount and reasons, or fix the day the entitlement to apply arises
- Approve the document that is given
- Do not let the dated table decide that day
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Western Australia
Produce. A payment schedule identifying the claim, the scheduled amount and the reasons, or an adjudication checklist stating the section 28(2) steps and the last day under section 28(4).
Have ready. The payment claim and the day it was made; The construction contract schedule clause; The due date worked out under section 20; The 2021 Act, sections 25 to 28 and 34.
Example of the limit. The respondent gives no payment schedule. The claimant cannot apply for adjudication until the claimant has, within 20 business days after the due date, given written notice of intention to apply, and the respondent has had 5 business days after that notice to provide a payment schedule. Section 28(3) says the due date is not extended by that further opportunity. Section 28(4) then requires the application within 20 business days after the claimant first becomes entitled to make it. A copy goes to the respondent within 1 business day after the application is made.
Stop and hand it back when
- The schedule is timed at 10 business days because that is the New South Wales period. Section 25 uses the earlier of the contract time and 15 business days after the payment claim is made.
- The 20 business days in section 28(4) are counted from the due date in every case. That subsection runs from the day the claimant first becomes entitled. Where no schedule was given, section 28(2) sets preconditions.
- An adjudication response includes a withholding reason that was not in the payment schedule. Section 34(3) says it cannot. Section 34(1) allows a response only if the payment schedule was given within the time allowed.
- A day from 22 December to 10 January is counted as a business day.
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 made, the contract schedule clause, the claimed amount and any schedule already given 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
- Give any payment schedule before the earlier of the contract time and 15 business days after the payment claim is made. Identify the claim, state the scheduled amount or that no payment is proposed, and state why if the amount is less.
- If no schedule was given, do not treat an adjudication application as available until the section 28(2) notice has been given within 20 business days after the due date and 5 business days have been allowed after that notice.
- Make the application within 20 business days after the claimant first becomes entitled under section 28. Give the respondent a copy within 1 business day after it is made.
- Keep an adjudication response inside section 34: only where the payment schedule was in time, only with withholding reasons already in the schedule, and within 10 business days after the respondent receives the copy. Give the claimant a copy within 1 business day.
Sources
- Building and Construction Industry (Security of Payment) Act 2021 (WA), compilation mrdoc_46833 · 2026-09-22
- Government of Western Australia: Topic 1 overview of the Building and Construction Industry (Security of Payment) Act 2021 · 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.