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03, Advisory, Rev A, Delivery to final account

Security of payment

Payment claims, payment schedules and adjudication support under the NSW SOP Act and the Qld BIF Act, for claimants and respondents, working with your lawyers to the statutory timeframes.

When to call
Before you serve a payment claim, or the day a claim or a schedule arrives, when the statutory clock is already running.
What you receive
A payment claim prepared to the Act, or a valuation and written reasons for every item in the schedule, then the adjudication application or response if it goes further.

Where this service sits in a project

  1. Tender
  2. Award
  3. Delivery
  4. Completion
  5. Final account
  6. Dispute

Fig. 1Security of payment against the life of a project, with the other services behind it.

Source: SUMIT services, as at October 2026. Indicative: every project differs.

What the work covers

  1. 01payment claim and schedule strategy
  2. 02reasons and valuations
  3. 03adjudication applications and responses
  4. 04time-bar and notice tests

Claim to payment under the NSW SOP Act: about 40 business days

The 40 business days are the statutory periods added together: 10 for the payment schedule, 10 to apply for adjudication, 5 for the response, 10 for the determination and 5 to pay (ss 14, 17, 20, 21 and 23), if each step takes its full period. Referral, acceptance and service usually add days. The reasons in the payment schedule fix what the respondent can argue in adjudication. That is why the first ten business days matter most.

  • Payment schedule

    Respondent s 14(4)(b)

    Payment schedule, Respondent: The earlier of the contract time or 10 business days after the claim is served (s 14(4)(b)).

  • Adjudication application

    Claimant s 17(3)(c)

    Adjudication application, Claimant: 10 business days after receiving the schedule (s 17(3)(c)).

  • Adjudication response

    Respondent s 20(1)

    Adjudication response, Respondent: 5 business days after receiving the application, or 2 after the adjudicator accepts, whichever is later (s 20(1)).

  • Determination

    Adjudicator s 21(3)

    Determination, Adjudicator: 10 business days after the response is lodged or the response period ends, unless the parties agree more time (s 21(3)).

  • Payment

    Respondent s 23

    Payment, Respondent: 5 business days after the determination is served, or a later date the adjudicator sets (s 23).

Fig. 2The NSW timetable in business days, if every step takes its full period and the adjudicator accepts at once.

Source: Building and Construction Industry Security of Payment Act 1999 (NSW) ss 14(4)(b), 17(3)(c), 20(1), 21(3), 23. Business days exclude weekends, public holidays and 27 to 31 December (s 4).

  1. Step 01Respondent · s 14(4)(b)

    Payment schedule

    Value every item and give every reason now: in adjudication the respondent cannot add new ones.

    Time limit The earlier of the contract time or 10 business days after the claim is served

    • Claimant PC 07 · payment claim · s 13
    • Respondent PS 07 · payment schedule · s 14

  2. Step 02Claimant · s 17(3)(c)

    Adjudication application

    Build the submissions and the evidence index for the claimant.

    Time limit 10 business days after receiving the schedule

    • Claimant AA 01 · adjudication application · s 17

  3. Step 03Respondent · s 20(1)

    Adjudication response

    Answer item by item, within the reasons given in the schedule.

    Time limit 5 business days after receiving the application, or 2 after the adjudicator accepts, whichever is later

    • Respondent AR 01 · adjudication response · s 20

  4. Step 04Adjudicator · s 21(3)

    Determination

    Check the determination for jurisdictional error and arithmetic.

    Time limit 10 business days after the response is lodged or the response period ends, unless the parties agree more time

    • Adjudicator AD 01 · determination · s 21

  5. Step 05Respondent · s 23

    Payment

    If unpaid, the claimant can seek an adjudication certificate and file it as a judgment debt (ss 24, 25).

    Time limit 5 business days after the determination is served, or a later date the adjudicator sets

    • Respondent PAY 07 · payment · s 23
    • Claimant If unpaid: AC 01 · adjudication certificate · s 24

Fig. 3Where SUMIT comes in at each step, from the payment claim to payment, for whichever side you are on.

Source: Illustrative. SUMIT acts for one party on any matter. Periods as Figure 2. Sections are to the Building and Construction Industry Security of Payment Act 1999 (NSW).

Selected work

  1. 01

    Prepared a Tier 1 contractor's payment schedule and supported its adjudication response on a subcontractor's payment claim in Sydney.

    SOPA payment claim and adjudication for a Tier 1 contractor, Sydney

  2. 02

    Drafted the reasons rejecting a $2.15m delay and disruption claim in a Tier 1 contractor's payment schedule on a hospital redevelopment in Western Sydney.

  3. 03

    Reviewed payment claims and final accounts on a specialist engineering contractor's rail and water contracts.

    Defence, rail and water contract portfolio

Where a value is given, it is the contract value of the project or package worked on, as published or contracted, not SUMIT's fees. A claim value is the amount claimed.

Related case notes and guidance

Fees and engagement

Table 1How this work is usually charged.
BasisUsed for
By the hourAd hoc advice, contract questions and reviews, billed by the hour
Fixed feeA defined scope: a claim, a payment schedule, a contract review or a contract administration pack

Other engagement models are on the Advisory page.

Speak to a director

Facing a notice, a claim or a payment deadline? Call Malachy on 0452 549 257.

Discuss your project

Written by Malachy Mullin, Director. Last reviewed 13 October 2026.