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A private library of the adjudication submissions your organisation has written. Search them, and draft new ones from them. For law firms, contractors and claims preparers.

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DocumentStatePages
Adjudication applicationSubcontractor v Head contractorQLD46ReadingFiled
Adjudication responseBuilder v DeveloperNSW38ReadingFiled
Further submissionsElectrical contractor v BuilderQLD12ReadingFiled
Adjudication applicationFormwork contractor v BuilderVIC61ReadingFiled
Adjudication responseHead contractor v PrincipalQLD54ReadingFiled

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Which of our submissions argued the payment schedule was given late?

One application makes that argument.

Adjudication application – ABC Subcontractor v DEF Head Contractor, Part D. The payment schedule was given on the sixteenth business day, one day out of time. p 9

D. The payment schedule was not given within time

41.The claimant gave Payment Claim 14 to the respondent at 3.47 pm on Tuesday, 3 March 2026, by email to the address nominated in item 22 of the Contract Particulars.

42.The Contract does not fix a period for giving a payment schedule shorter than the period allowed by the Act. The respondent was therefore required to give a payment schedule within 15 business days after the payment claim was given: s 76(1) of the Act.

43.The fifteenth business day after 3 March 2026 was Tuesday, 24 March 2026. No day in that period is excluded from the definition of “business day” in schedule 2 of the Act.

44.The respondent’s document headed “Payment Schedule – PC14” was sent by email at 6.12 pm on Wednesday, 25 March 2026. It was given on the sixteenth business day, one day out of time.

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The “draft assessment” of 24 March 2026 was not a payment schedule

45.The claimant anticipates that the respondent will contend that the email sent by its contract administrator at 5.58 pm on 24 March 2026, attaching a spreadsheet headed “PC14 – draft assessment (subject to review)”, was a payment schedule given within time.

46.It was not. A payment schedule must identify the payment claim to which it responds and state the amount of the payment, if any, that the respondent proposes to make: s 69 of the Act. The draft assessment was plainly deficient.

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# instruction: Draft Part D of our application, on the late payment schedule. Follow our earlier application.
$ ls -R project/
project/Claim/Payment claim 14.pdf project/Correspondence/Payment schedule - PC14.pdf project/Evidence/Statutory declaration.pdf
$ cat "project/Correspondence/Payment schedule - PC14.pdf" --pages 1-2
# Payment schedule - PC14.pdf (Correspondence), pages 1-2
$ find precedents/ --type application --like "late payment schedule"
1 match: Adjudication application (QLD), Part D
$ legislation read "BIF Act" "s 76"
76 Responding to payment claim
$ decisions search "payment schedule" w/15 "out of time"
173 decisions
$ write "drafts/Part D - Payment schedule.docx"
Draft written. Paragraphs 41 to 49. Headings after it renumbered.

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First month free. Then A$140 a month for the first user and A$90 a month for each additional user.