Payment Schedule
When is the payment schedule due?
Adjudication Application
Deadline to lodge the application
Adjudication Response
Deadline for the response
Adjudicator's Decision
Deadline to deliver the decision
Payment Schedule Due Date
s76 BIF ActRelevant Provision: section 76
76 Responding to payment claim
(1) If given a payment claim, a respondent must respond to the payment claim by giving the claimant a payment schedule within whichever of the following periods ends first--
(a) the period, if any, within which the respondent must give the payment schedule under the relevant construction contract;
(b) 15 business days after the payment claim is given to the respondent.
Relevant Provision: section 79
79 Application for adjudication
(2) An adjudication application--
(b) must be made within--
(i) for an application relating to a failure to give a payment schedule and pay the full amount stated in the payment claim--30 business days after the later of the following days--
(A) the day of the due date for the progress payment to which the claim relates;
(B) the last day the respondent could have given the payment schedule under section 76; or
(ii) for an application relating to a failure to pay the full amount stated in the payment schedule--20 business days after the due date for the progress payment to which the claim relates; or
(iii) for an application relating to the amount stated in the payment schedule being less than the amount stated in the payment claim--30 business days after the claimant receives the payment schedule
Relevant Provision: section 83
83 Time for making adjudication response
(1) If responding to a standard payment claim, the respondent must give the adjudicator the adjudication response within the later of the following periods to end--
(a) 10 business days after receiving the documents mentioned in section 79(4);
(b) 7 business days after receiving notice of the adjudicator's acceptance of the adjudication application.
(2) If responding to a complex payment claim, the respondent must give the adjudicator the adjudication response within the later of the following to end--
(a) 15 business days after receiving the documents mentioned in section 79(4);
(b) 12 business days after receiving notice of the adjudicator's acceptance of the adjudication application.
(3) However, if responding to a complex payment claim, the respondent may apply to the adjudicator for an extension of time, of up to 15 additional business days, to give the adjudication response to the adjudicator.
Relevant Provision: section 85
85 Time for deciding adjudication application
(1) Subject to section 86, an adjudicator must decide an adjudication application no later than--
(a) for a standard payment claim--10 business days after the response date; or
(b) for a complex payment claim--15 business days after the response date.
(2) The response date is--
(a) if the adjudicator is given an adjudication response under section 83--the day on which the adjudicator receives the response...