---
title: "Prepare a Western Australian payment schedule, or count when an adjudication application can be made"
url: "https://ailawframework.com/practice/construction-and-infrastructure/draft-the-payment-schedule-and-adjudication-response/western-australia"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A11-SOP-WA-2"
practice_area: "Construction & Infrastructure"
tier: "red"
lawyer_review: "required"
jurisdictions: ["WA"]
last_reviewed: "2026-09-23"
---

# Prepare a Western Australian payment schedule, or count when an adjudication application can be made

> Extract the day the payment claim was made, the contract schedule clause, the claimed amount and any schedule already given into a dated table.

Canonical page: https://ailawframework.com/practice/construction-and-infrastructure/draft-the-payment-schedule-and-adjudication-response/western-australia  
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 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 |
| Written for | Western Australia |
| 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 25 requires a payment schedule before the earlier of the contract time and 15 business days after the payment claim is made. If no schedule is given, section 28 requires a notice of intention and a further 5 business days before an adjudication application can be made. The application itself must be made within 20 business days after the claimant first becomes entitled.

- What the AI does: 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 does: Set the scheduled amount and every withholding reason, or work out when the claimant first becomes entitled to apply, and approve the document that is given.
- Who reviews: Lawyer competent in the matter and this security-of-payment statute
- Basis: Read on 22 September 2026 from the Queensland reprint current from 28 May 2026, the Western Australian compilation, the South Australian authorised PDF marked version 10.12.2011, the Northern Territory reprint as in force at 25 May 2024, and the linked government pages. Confirm the instrument is still current.
- Why: The traffic light follows the consequence of using the wrong statute, or the wrong day, for a payment claim, payment schedule or adjudication.
- Restriction: The lawyer leads this decision. Assistance stays inside the preparation described for the task.

## Checks the lawyer makes

1. 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.
2. 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.
3. 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.
4. 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.

## 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: Western Australia

**Deliverable**: 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).

**Inputs**

- 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**: 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 escalate 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.

Checked 2026-09-22.

## Sources

- [Building and Construction Industry (Security of Payment) Act 2021 (WA), compilation mrdoc_46833](https://www.legislation.wa.gov.au/legislation/statutes.nsf/RedirectURL?OpenAgent&query=mrdoc_46833.htm) (checked 2026-09-22)
- [Government of Western Australia: Topic 1 overview of the Building and Construction Industry (Security of Payment) Act 2021](https://www.wa.gov.au/government/publications/topic-1-overview-of-the-building-and-construction-industry-security-of-payment-act-2021) (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.*