Note the statutory paths when a progress payment is not paid
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the claim, any schedule and the payment record, state whether a schedule was provided by the earlier of the contract time and 10 business days, the amount unpaid, and the due date. Set out the paths the sections describe. Do not start proceedings or send a notice.
- What the lawyer must review
- The lawyer decides which path is taken, and writes any notice of intention to suspend work.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the claim, any schedule and the payment record, state whether a schedule was provided by the earlier of the contract time and 10 business days, the amount unpaid, and the due date. Set out the paths the sections describe. Do not start proceedings or send a notice. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- A payment schedule must identify the payment claim and indicate the scheduled amount. If that amount is less than the claimed amount, the schedule must indicate why, and the reasons for any withholding.
- If no schedule is provided by the earlier of the time the contract requires and 10 business days after the claim is served, the respondent is liable to pay the claimed amount on the due date.
- If that claimed amount is not paid, the claimant may recover the unpaid portion as a debt or make an adjudication application under section 17(1)(b), and may serve a notice of intention to suspend work or the supply of related goods and services. The notice must state that it is made under the Act.
- If a schedule was provided in time and the scheduled amount is not paid by the due date, the same choice is between a debt for the unpaid portion of the scheduled amount and an adjudication application under section 17(1)(a)(ii), plus the same form of suspension notice.
- In proceedings for the debt, judgment is not given unless the court is satisfied of the circumstances in the section, and the respondent is not entitled to a cross-claim or to a defence arising under the construction contract. The lawyer decides whether to sue.
Sources
- Building and Construction Industry Security of Payment Act 1999 (NSW) s 14 · 2026-10-22
- Building and Construction Industry Security of Payment Act 1999 (NSW) s 15 · 2026-10-22
- Building and Construction Industry Security of Payment Act 1999 (NSW) s 16 · 2026-10-22
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.