---
title: "Check an ACT payment claim against the current Act before it is given"
url: "https://ailawframework.com/practice/construction-and-infrastructure/prepare-and-check-a-progress-payment-claim-before-it-is-served/australian-capital-territory"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A11-SOP-ACT-1"
practice_area: "Construction & Infrastructure"
tier: "red"
lawyer_review: "required"
jurisdictions: ["ACT"]
last_reviewed: "2026-09-23"
---

# Check an ACT payment claim against the current Act before it is given

> Extract the calendar month, the claimed amount, the contract payment day and the description of the work into a checking list.

Canonical page: https://ailawframework.com/practice/construction-and-infrastructure/prepare-and-check-a-progress-payment-claim-before-it-is-served/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 calendar month, the claimed amount, the contract payment day and the description of the work into a checking list. |
| What the lawyer must review | Confirm the Act covers the contract Check the calendar-month timing Use the earlier of the two section 13 dates as the due date Approve the claim that is given |
| Written for | Australian Capital Territory |
| Applies to | [Prepare and check a progress-payment claim before it is served](https://ailawframework.com/practice/construction-and-infrastructure/prepare-and-check-a-progress-payment-claim-before-it-is-served.md) |

## Checking plan

**Lawyer-led judgement**

Section 13 of the ACT Act makes a progress payment payable on the earlier of 15 business days after the claim is given and the day the contract makes it payable. Section 15 sets the monthly claim window and the 12-month outer limit.

- What the AI does: Extract the calendar month, the claimed amount, the contract payment day and the description of the work into a checking list.
- What the lawyer does: Decide whether section 9 covers this contract, whether the claim may be given now, and which of the two section 13 dates is earlier, then approve the claim that is given.
- 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. Open Republication No 14 and section 9. Apply the stated exclusions, including a resident owner’s insurable residential building work to the extent the contract relates to a building where that owner lives or intends to live. A resident owner does not include a person who is or should be licensed as an owner-builder. Work outside the ACT is outside the Act to that extent.
2. Apply section 15 to the day the claim is given: on or after the last day of the calendar month, an earlier day provided in the contract, or the day of termination. Keep it before the later of the contract period and 12 months after the work or related goods and services were last supplied. Give no more than one payment claim for each calendar month unless the contract provides for more.
3. Check that the claim identifies the construction work or related goods and services, states the claimed amount, and states that it is made under the Act.
4. Take the due date from section 13: the earlier of 15 business days after the payment claim is given, and the day the payment becomes payable under the contract. Before counting, open the Legislation Act dictionary definition of business day. This Act adds that a business day does not include 27 to 31 December.

## 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 checklist for one payment claim, with the section 15 contents and the earlier section 13 date marked by the lawyer.

**Inputs**

- The construction contract and the draft payment claim
- Building and Construction Industry (Security of Payment) Act 2009 (ACT), Republication No 14
- The ACT Government security-of-payments page
- The Legislation Act 2001 dictionary entry for business day, opened before the days are counted

**Example**: A contract that makes the progress payment payable on day 10 is earlier than 15 business days after the claim. Section 13 uses that earlier day. The ACT Government page states the same earlier-of test.

**Stop and escalate when**

- A 20-business-day subcontract due date from New South Wales is used. Section 13 states 15 business days, or the earlier contractual day.
- The penalty-unit values in the republication note, $160 for an individual and $810 for a corporation, are used as a minimum or maximum for the claim.
- Business days are counted without opening the Legislation Act dictionary. This Act’s dictionary adds only that a business day does not include 27 to 31 December.

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.*