Calculate the Tasmanian dates for a payment claim and a payment schedule
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Extract the reference date, the date of service, the contract payment period, and whether the respondent is described as an owner or a building practitioner into a date list.
- What the lawyer must review
- Apply sections 4A, 15, 17 and 19 to the contract and the parties
- Read the CBOS making-a-claim page beside the Act
- Take the date from the Act
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Tasmania
Produce. A date list showing the reference date, the last day for serving the claim, the due date under section 15, and the payment-schedule date under section 19, with a note of whether section 19(3)(a) applies.
Have ready. The payment claim and the date it was served; The contract reference date and payment period; Whether the claim is for a residential structure to be built, and whether the respondent is the owner and a building practitioner; The in-force Tasmanian Act and the CBOS page on making a claim.
Example of the limit. A commercial respondent with no contractual due date must be given a payment schedule before the expiry of the day 10 business days after service. The same day is the due date under section 15(2). A contract that requires payment sooner brings the schedule forward, because section 19(2) then takes the earlier period. The 20 business day day is used only for the section 19(3)(a) owner.
Stop and hand it back when
- The 20 business day day has been used for a respondent who is a building practitioner, or for a claim that is not for a residential structure to be built on land.
- The schedule date has been taken from the CBOS making-a-claim page rather than from section 19.
- 27, 28, 29, 30 or 31 December has been counted as a business day.
- The schedule date and the due date have been treated as the same day where the contract sets its own time for payment.
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 date of service, the contract payment period, and whether the respondent is described as an owner or a building practitioner into a date 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 in-force Act at sections 4A, 15, 17 and 19, and the CBOS page on making a claim. Use the Act where the page uses a different count.
- Use one payment claim for each reference date. Serve it only within the later of the contract period and 12 months after the work was last carried out or the related goods and services were last supplied.
- If the contract sets no due date, the progress payment is due before the expiry of the applicable day in section 19(3): 20 business days after service only for a residential structure to be built, where the respondent is the owner and is not a building practitioner; otherwise 10 business days after service.
- Set the payment-schedule date at the earlier of the contract payment period and that applicable day, or the later of those periods in a section 19(3)(a) case. Exclude from the business-day count a Saturday, a Sunday, a day named in the Statutory Holidays Act 2000, and 27 to 31 December.
Sources
- Building and Construction Industry Security of Payment Act 2009 (Tas), version current from 1 July 2025 · 2026-09-22
- Consumer, Building and Occupational Services: Security of payment - making a claim, page updated 12 July 2023 · 2026-09-22
- Consumer, Building and Occupational Services: Responding to a security of payment claim · 2026-09-22
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