---
title: "Calculate the Victorian dates for a payment claim and a payment schedule"
url: "https://ailawframework.com/practice/construction-and-infrastructure/prepare-and-check-a-progress-payment-claim-before-it-is-served/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A11-SOP-VIC-1"
practice_area: "Construction & Infrastructure"
tier: "red"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-09-23"
---

# Calculate the Victorian dates for a payment claim and a payment schedule

> 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.

Canonical page: https://ailawframework.com/practice/construction-and-infrastructure/prepare-and-check-a-progress-payment-claim-before-it-is-served/victoria  
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 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 |
| Written for | Victoria |
| 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 15(4) makes the respondent liable for the claimed amount if no payment schedule is served by the earlier of the contract time and 10 business days after service. The due date is a separate count.

- What the AI does: 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 does: Calculate the service window, the schedule date and the due date from Authorised Version No. 015. Decide whether section 54 still keeps this claim on the pre-15 April 2026 rules.
- Who reviews: Lawyer competent in the matter and the forum
- Basis: Security of payment research on 22 September 2026. Confirm the instrument is still the in-force version.
- Why: The traffic light follows the consequence of missing a statutory payment or adjudication time.
- Restriction: The lawyer leads this decision. Assistance stays inside the preparation described for the task.

## Checks the lawyer makes

1. 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.
2. 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.
3. 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.
4. 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.

## 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: Victoria

**Deliverable**: 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.

**Inputs**

- 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**: 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 escalate 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.

Checked 2026-09-22.

## Sources

- [Building and Construction Industry Security of Payment Act 2002 (Vic), Authorised Version No. 015, as at 24 June 2026](https://content.legislation.vic.gov.au/sites/default/files/2026-06/02-15aa015-authorised.pdf) (checked 2026-09-22)
- [Victorian legislation: Building and Construction Industry Security of Payment Act 2002, version 015, in force from 24 June 2026](https://www.legislation.vic.gov.au/in-force/acts/building-and-construction-industry-security-payment-act-2002/015) (checked 2026-09-22)
- [Building and Plumbing Commission: Responding to a payment claim under the SOP Act, page updated 30 June 2026](https://www.bpc.vic.gov.au/builders/security-of-payment/responding-to-a-payment-claim-under-the-sop-act) (checked 2026-09-22)
- [Building and Plumbing Commission: Changes to the SOP Act, amendments take effect from 15 April 2026](https://www.bpc.vic.gov.au/builders/security-of-payment/changes-to-the-sop-act) (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.*