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Security of payment calculator

Enter the date a payment claim was served. The calculator sets out every date that follows under your state's Act, with the section and the case law for each step.

The day it actually arrived, even after 5pm or on a weekend.
Contract terms and actual dates (optional)
In business days, if shorter than the Act's.
Leave blank to use the Act's date.
Leave blank to assume the last day.

Your timetable

Payment schedule due by

Fri 14 Mar 2025

Within 10 business days after service, or any shorter time in the contract. s 14(4)(b)

Payment due by

Fri 28 Mar 2025

Payment is due 20 business days after the claim, or an earlier date in the contract. s 11(1B)

What happens next

Pick what the respondent did. Every date below is worked out from the claim's service date on the NSW Act's calendar.

Pathway
Timetable to scale for a claim served Friday 28 February 2025 under the Building and Construction Industry Security of Payment Act 1999 (NSW): Schedule given, amount disputed.MAR 25APR 25CLAIM SERVEDFRI 28 FEB 2025SCHEDULE DUEFRI 14 MAR 2025PAYMENT DUEFRI 28 MAR 2025APPLY BYFRI 28 MAR 2025RESPONSE BYFRI 4 APR 2025DETERMINATIONTUE 22 APR 2025PAY ADJUDICATEDWED 30 APR 2025
To scale in calendar days. Solid: set by the dates you entered. Outlined: depends on earlier steps, shown as if each happens on its last day.

  1. Fri 28 Feb 2025

    Your date

    Claimant

    Payment claim served

    The day the claim actually reached the respondent, by a method the Act allows. Count from this date even if it arrived after hours or on a weekend.s 31(1)(d)

    Case law on this step

  2. Fri 14 Mar 2025

    Deadline

    Respondent

    Last day for the payment schedule

    Within 10 business days after service, or any shorter time in the contract.s 14(4)(b)

    Miss it and the respondent is liable for the full claimed amount on the due date.

    Case law on this step

  3. Fri 28 Mar 2025

    Deadline

    Respondent

    Due date for payment

    Payment is due 20 business days after the claim, or an earlier date in the contract.s 11(1B)

  4. Fri 28 Mar 2025

    Deadline

    Claimant

    Last day to apply for adjudication

    Within 10 business days after the claimant receives the payment schedule.s 17(3)(c)

  5. Fri 4 Apr 2025

    If earlier steps run to time

    Respondent

    Last day for the adjudication response

    5 business days after receiving a copy of the application or 2 after notice of the adjudicator's acceptance, whichever is later. Only if a schedule was given in time, and no new reasons.s 20(1), (2A), (2B)

  6. Tue 22 Apr 2025

    If earlier steps run to time

    Adjudicator

    Determination due

    10 business days after the response is lodged or the time for it ends, or longer if both parties agree.s 21(3)

    Case law on this step

  7. Wed 30 Apr 2025

    If earlier steps run to time

    Respondent

    Pay the adjudicated amount

    Within 5 business days after the determination is given to the respondent, or a later date the adjudicator sets.s 23

How the dates are worked out

  • Business day (NSW Act s 4): Any day other than a Saturday, Sunday or public holiday, or 27 to 31 December.
  • Counting starts the day after the event: day 1 is the first business dayafter it. A step's last day is the final day to act.
  • The schedule is taken as received on the last day for it.
  • The notice of intention is taken as served on its last day and received that day.
  • Each application is taken as lodged, and a copy received by the respondent, on its last day.
  • The adjudicator is taken to accept the application on the day it is lodged. A later acceptance moves the later dates.
  • The determination is taken as given to the respondent on the day it is due.

Also under the NSW Act

  • A payment claim can be served from the last day of each named month (or an earlier day the contract allows), and from the date of termination (s 13(1A) to (1C)). It must state that it is made under the Act (s 13(2)(c)).
  • The respondent's adjudication response cannot include reasons that were not in the payment schedule (s 20(2B)).
  • Schedule 1 of the Fair Trading and Building Legislation Amendment Act 2026 amends this Act and had not commenced on 21 October 2026. Check the version in force on the day you count.
  • Source: Building and Construction Industry Security of Payment Act 1999 (NSW), NSW Legislation. Current version from 20 August 2024 (checked 21 October 2026).

Count from actual service

In Roberts Co (NSW) Pty Ltd v Sharvain Facades Pty Ltd (Administrators Appointed) [2025] NSWCA 161, a payment claim for $3.2m was uploaded to the project portal at 7:18pm on a Friday. The subcontract said anything received after 5pm was taken to be received on the next business day. The Court of Appeal held that the claim was served on the Friday, that the clause could not extend the time the Act allows, and that a payment schedule given one business day late left the head contractor liable for the full amount.

The Western Australian Court of Appeal reached the same result in Co-operative Bulk Handling Ltd v Martinus Rail Pty Ltd [2026] WASCA 82, for a claim emailed on a Saturday.

So the calculator counts from the date the claim actually arrived, whatever the contract deems. If a claim lands after hours, on a weekend or on a holiday, enter that date. Read the case note: A deemed-service clause cannot extend the time for a NSW payment schedule

The periods in each state and territory

Table 1Business days unless stated. Each Act also excludes a Christmas period from the count.
State or territoryPayment schedulePayment dueAdjudication applicationResponseDetermination
New South WalesNSW Act10 after the claim is served (s 14(4))15 head contract, 20 subcontract, or earlier if the contract says (s 11)10 after the schedule; 20 after the due date if the scheduled amount is unpaid; 10 after the notice period if there was no schedule (s 17)Later of 5 after the application or 2 after acceptance (s 20)10 after acceptance (s 21(3))
VictoriaVictorian Act10 after the claim is served (s 15(4))As the contract says, otherwise 10 after the claim; no later than 20 (s 12)10 after the schedule; 10 after the due date if unpaid; 5 after the notice period if there was no schedule (s 18)Later of 5 after the application or 2 after acceptance (s 21)10 after the later of appointment or the last day for the response (s 22(4))
QueenslandBIF Act15 after the claim is given, or less if the contract says; late is an offence (s 76)As the contract says, otherwise 10; capped at 15 for head contracts and 25 for subcontracts (ss 67U, 67W, 73)30 after the schedule; 20 after the due date if unpaid; 30 after the later of the due date and the last day for a schedule (s 79)10 after the application or 7 after acceptance; 15 or 12 for claims over $750,000 (s 83)10 after the response date; 15 for claims over $750,000 (s 85)
Western AustraliaWA Act15 after the claim is made (s 25)20 head contract, 25 subcontract, or earlier if the contract says (s 20)20 after the right to apply arises (s 28)10 after the application is served (s 34)10 after the response date, extendable (s 37)
South AustraliaSA Act15 after the claim is served, or less if the contract says (s 14(4))As the contract says, otherwise 15 after the claim (s 11)15 after the schedule; 20 after the due date if unpaid; 15 after the notice period if there was no schedule (s 17)Later of 5 after the application or 2 after acceptance (s 20)10 after acceptance (s 21(3))
TasmaniaTasmanian Act10 after the claim is served; 20 for an owner-occupier's home (s 19)As the contract says, otherwise 10 after the claim (s 15)10 after the schedule; 20 after the due date if unpaid; 10 after the notice period if there was no schedule (s 21)Later of 10 after the application or 5 after acceptance (s 23)10 business days (s 24(1))
Australian Capital TerritoryACT Act10 after the claim is served (s 16(4))Earlier of 15 after the claim or the contract date (s 13)10 after the schedule; 20 after the due date if unpaid; 10 after the notice period if there was no schedule (s 19)Later of 7 after the application or 5 after acceptance (s 22)10 after the response is received or due (s 23(3))
Northern TerritoryNT ActNo payment schedule. A notice of dispute within 10 working days is implied if the contract has none (sch 1 div 5)As the contract says, no later than 30 working days; implied 20 (s 13)65 working days after the payment dispute arises (s 28)15 working days after the application is served (s 29)10 working days after the response date, or it is taken to be dismissed (s 33)

Source: Each Act as in force on 21 October 2026. The calculator applies the full rules, including the second chance steps where no schedule is given.

Cases on timing

  1. [2025] NSWCA 161

    Roberts Co (NSW) Pty Ltd v Sharvain Facades Pty Ltd (Administrators Appointed)

    Time for a payment schedule runs from actual service. A claim uploaded at 7:18pm on a Friday was served that Friday; a clause deeming it received on Monday could not extend the statutory time, and a schedule given one business day late left the respondent liable for $3.2m.

    SUMIT note: A deemed-service clause cannot extend the time for a NSW payment schedule

  2. [2026] WASCA 82

    Co-operative Bulk Handling Ltd v Martinus Rail Pty Ltd

    Western Australia reached the same result under its own regulations: a claim emailed on a Saturday was made that day, despite a next-business-day deeming clause, so the schedule was late.

    SUMIT note: A deemed-service clause cannot extend the time for a NSW payment schedule

  3. [2010] NSWCA 190

    Chase Oyster Bar Pty Ltd v Hamo Industries Pty Ltd

    Where no schedule was given, the notice of intention to apply is a precondition: an application made without a notice served in time is open to challenge for jurisdictional error.

    SUMIT note: The payment schedule, or its absence, sets the deadline to apply for NSW adjudication

  4. [2003] NSWSC 1140

    Multiplex Constructions Pty Ltd v Luikens

    A schedule's reasons must tell the claimant the case it will have to meet; reasons left out cannot be argued at adjudication.

    SUMIT note: A NSW payment schedule fixes the reasons a respondent can argue at adjudication

  5. [2025] QSC 239

    CPB Contractors Pty Ltd v MSS Projects (NSW) Pty Ltd

    Under the Queensland Act, whether a valid payment schedule exists is a jurisdictional fact the court decides for itself, because without one the respondent cannot give an adjudication response.

    SUMIT note: Security of payment deadlines differ across NSW, Queensland, Victoria and WA

  6. [2016] HCA 52

    Southern Han Breakfast Point Pty Ltd (in liq) v Lewence Construction Pty Ltd

    A payment claim needs an available reference date. Queensland keeps reference dates; NSW, Victoria and WA now use monthly entitlement.

    SUMIT note: A payment claim needs a reference date, and termination can stop one arising

  7. [2026] NSWCA 9

    Kwik Flo Pty Ltd v SE Ware Street Dev Pty Ltd

    A ruling that the adjudicator lacks jurisdiction is a determination: the claimant cannot withdraw and lodge again with another adjudicator unless the ruling is void.

    SUMIT note: Taking a lost jurisdiction point to a second adjudicator is an abuse of process

  8. [2018] HCA 4

    Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd

    A determination cannot be quashed for non-jurisdictional error of law on the face of the record; review is for jurisdictional error only.

    SUMIT note: A NSW adjudication determination cannot be quashed for non-jurisdictional error of law