Check a South Australian payment claim against the authorised 2009 Act…
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Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Extract the reference date, the claimed amount, the contract payment date and the premises where the work is carried out into a checking list.
- What the lawyer must review
- Confirm coverage and the service window
- Read both limbs of section 11
- Approve the claim that is served
- Do not rely on the checking list to supply the missing due-date 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 service checklist for one payment claim, with the section 13 contents and reference date marked, and the due date left for the lawyer to take from section 11 of the current PDF.
Have ready. The construction contract and the draft payment claim; The address or premises where the work is carried out; The authorised PDF of the Building and Construction Industry Security of Payment Act 2009 (SA); The Small Business Commission construction page.
Example of the limit. The contract states a reference date and a due date. Section 4 uses that contractual reference date. Section 13 allows service within the later of the contract period and 6 months after the work was last carried out or the related goods and services were last supplied, and only one payment claim for each reference date. Section 11(1)(a) makes the progress payment due on the contractual date. The PDF text of the alternative limb was not readable, so the checklist does not insert 10 or 15 business days from another state.
Stop and hand it back when
- A default due date of 10 or 15 business days is written in from Queensland or Western Australia. Section 11(1)(a) was read. The alternative limb was not readable in the authorised PDF and is not stated.
- The Act is applied to domestic building work, within the Building Work Contractors Act 1995, on premises the party for whom the work is carried out resides in or proposes to reside in. Section 7(2) says the Act does not apply to that contract.
- A business day is counted on the Western Australian 22 December to 10 January calendar, or on the Queensland 22 to 24 December and 2 to 10 January list. Section 4, as read, excludes a Saturday, Sunday or public holiday, 27, 28, 29, 30 or 31 December, and any other day of a Statewide shut-down of the building and construction industry.
- A period is taken from the Building and Construction Industry Security of Payment Regulations 2026. Those regulations are listed on the legislation page and were not read.
Sources for this task were checked on 2026-09-22.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Extract the reference date, the claimed amount, the contract payment date and the premises where the work is carried out into a checking list. 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
- Open the current authorised PDF from the legislation page. Apply section 7 before treating the contract as covered, including the domestic-building exclusion where the party resides or proposes to reside in the premises.
- Fix the reference date under section 4. Serve the claim within the later of the contract period and 6 months after the work was last carried out or the related goods and services were last supplied. Serve only one payment claim for that reference date.
- Check section 13: the claim identifies the construction work or related goods and services, indicates the claimed amount, and states that it is made under the Act.
- Read section 11 in the PDF, including the limb after section 11(1)(a), before writing a due date. Do not fill a gap with a Queensland or Western Australian number of days. Count a business day from section 4.
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.