Calculate the Victorian dates for a payment claim and a payment schedule
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Extract the service date, any shorter contract time, and the month of the work from the payment claim and the contract into a date list.
- What the lawyer must review
- Work the dates from the authorised Act
- Use the Commission pages only as a check on what was read, not as the calculation
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria
Produce. A date list for earliest service, latest service, the payment-schedule deadline and the due date, each tied to a section of Authorised Version No. 015.
Have ready. The payment claim, or the draft, and the date it was or will be served; The contract clauses on when a claim may be served and when a schedule and payment are due; Authorised Version No. 015; The Building and Plumbing Commission page on responding to a payment claim.
Example of the limit. A claim for work done in October, with no shorter contract time, may go on and from the last day of October. The schedule is then due 10 business days after service. Business days skip Saturdays, Sundays, a statewide public holiday, and every day from 22 December to 10 January. A contract that requires the schedule in 5 business days expires first.
Stop and hand it back when
- The payment claim was served before 15 April 2026. Section 54 keeps the Part 3 amendments off a claim served, or an adjudication application made and not yet determined, before that commencement.
- The document is a performance security claim. Division 1A has its own earliest day, its own 10 business day schedule, and a 5 business day notice before recourse.
- The due date has been counted as 10 business days after actual service in a contract that does not state a due date. Section 12(1)(b) counts from the earliest day the claim may be served.
- A posted schedule has been treated as served on the day it was posted.
Sources for this task were checked on 2026-09-22.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Extract the service date, any shorter contract time, and the month of the work from the payment claim and the contract 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 Authorised Version No. 015 and the Building and Plumbing Commission page on responding to a payment claim. Record whether this claim was served on or after 15 April 2026.
- Take the earliest service day from section 14A, including the December rules, and the latest day from section 14C: the day before the latest of the contract date, 6 months after practical completion, and 6 months after supply of all related goods and services.
- Set the payment-schedule date at the earlier of the contract time and 10 business days after service. Count a business day from section 4. Count a posted document under section 50(2)(c) as served 7 business days after posting unless it arrives earlier.
- If the contract states no due date, use section 12(1)(b) and the 20 business day cap in section 12(1B). If a section 18(2) notice has been served, add the 5 business days in section 18(2A). Open the regulations before treating any form as prescribed.
Sources
- Building and Construction Industry Security of Payment Act 2002 (Vic), Authorised Version No. 015, as at 24 June 2026 · 2026-09-22
- Victorian legislation: Building and Construction Industry Security of Payment Act 2002, version 015, in force from 24 June 2026 · 2026-09-22
- Building and Plumbing Commission: Responding to a payment claim under the SOP Act, page updated 30 June 2026 · 2026-09-22
- Building and Plumbing Commission: Changes to the SOP Act, amendments take effect from 15 April 2026 · 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.