How long do I have to serve the payment schedule?

It depends on the State Act. 10 business days in NSW (BCISPA 1999 s 14), Victoria (BCISPA 2002), Tasmania (BCISPA 2009) and the ACT (BCISPA 2009). 15 business days in Queensland (BIF Act 2017 s 76), Western Australia (BCISPA 2021) and South Australia (BCISPA 2009). The Northern Territory follows a different (West Coast) model. Diary the deadline from the date of receipt of the payment claim, not the date of the claim itself.

What happens if I do not serve a schedule in time?

The respondent becomes liable for the full amount of the payment claim, recoverable by the claimant as a debt in any court of competent jurisdiction, with no defence available at adjudication. The respondent cannot rely on defects, variations, back-charges or any other set-off — none of those reasons were in the schedule because no schedule was served. The Act treats the missed deadline as a complete admission. This is the most powerful feature of the SOPA framework — and the most dangerous to a respondent who does not diary the deadline.

Can I rely at adjudication on reasons that were not in the schedule?

No. Every State Act restricts the respondent at adjudication to the reasons set out in the payment schedule. Reasons not stated are forfeit. This is the single most important reason to be exhaustive in the schedule — every reason for withholding payment must be there, with the amount attributable to each. There is no opportunity to add reasons later.

How do I prove the schedule was served on time?

Service evidence is the foundation of any defence at adjudication. Email with read-receipt is the strongest method — it captures the date and time of receipt automatically. Post-and-track or registered post is acceptable but slower. Hand-delivery should be documented with a contemporaneous note from the deliverer. Where the contract specifies a service method or address, that method controls. Keep the proof in the project file — the adjudicator will ask for it.

What about defective work — how do I set it off?

A defects set-off must identify the specific Australian Standard breached (AS 3740 for waterproofing, AS 3700 for masonry, AS/NZS 3000 for electrical) or the specific contract requirement not met, with particulars of the defect and ideally an inspection report from a qualified building consultant. The set-off amount must be calculated — typically the rectification cost — and tied to the relevant work in the claim. A generic complaint that "the work is defective" is treated as no defence.

Can I set off liquidated damages?

Yes, if the construction contract sets a liquidated damages (LD) rate for delay in achieving practical completion. The schedule must state the LD rate, the contractual completion date, the actual or projected completion date, and the calculation of the set-off amount. The LD rate must be a genuine pre-estimate of loss (under Andrews v Australia and New Zealand Banking Group Ltd (2012) 247 CLR 205) or it may be set aside as a penalty. Most well-drafted contracts use industry-standard rates that survive scrutiny.

What if the construction contract is in Western Australia or the Northern Territory?

WA and NT follow the West Coast SOPA model, which is different from the East Coast. The WA Building and Construction Industry (Security of Payment) Act 2021 (which replaced the older Construction Contracts Act 2004 for new contracts from 1 August 2022) gives 15 business days for a payment schedule. The NT Construction Contracts (Security of Payments) Act 2004 does not adopt the East Coast schedule framework — instead, a payment dispute crystallises when the claim is rejected, disputed or unpaid, and either party has 90 days to apply for adjudication. Our template handles both models with the state-aware framework.

Will the adjudicator change the schedule?

No — the adjudicator determines the amount payable based on the construction contract, the payment claim, the payment schedule, and any further submissions allowed under the Act. The adjudicator works from the schedule as served; the adjudicator cannot rewrite it. If a reason was not in the schedule, the adjudicator cannot allow the set-off. This is why the schedule itself is the foundation of the defence — get it right at the schedule stage, not at the adjudication stage.

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SOPA Payment Schedule Response (Australia)

If you have received a payment claim under an Australian State Security of Payment Act, the statutory deadline to serve a payment schedule has already started running. Missing it by one day makes you liable for the full amount of the claim with no defence available at adjudication. Our free template selects the right Act for the State of the project (the eight SOPA Acts across Australia and the Commonwealth construction landscape), itemises the reasons for withholding, sets out defects, unauthorised variations and back-charges, records deadline compliance, and positions you for any adjudication that follows.

Create Your Payment Schedule — Security of Payment Act

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Payment Schedule — Security of Payment Act

Payment Schedule Served Under Building And Construction Industry Security Of Payment Act 1999 (NSW) · 24 June 2026

Mitchell Construction Pty Ltd (ABN 189 472 638 044)

Level 4, 88 Walker Street, North Sydney NSW 2060

02 9460 1188

commercial@mitchellconstruction.com.au

24 June 2026

Harbour Electrical Services Pty Ltd

Harbour Electrical Services Pty Ltd
15 Mary Street
Surry Hills NSW 2010

PAYMENT SCHEDULE — SECURITY OF PAYMENT ACT

Harbour Electrical Services Pty Ltd · Scheduled $94,200.00 · New South Wales

This is a payment schedule served in response to a payment claim under Building and Construction Industry Security of Payment Act 1999 (NSW).

I, Mitchell Construction Pty Ltd (the respondent), serve this payment schedule on Harbour Electrical Services Pty Ltd (the claimant) in response to the payment claim identified below. Under Building and Construction Industry Security of Payment Act 1999 (NSW), under s 14 the respondent must serve a payment schedule within 10 business days of receiving the claim, indicating the scheduled amount and — if it is less than the claimed amount — the reasons for the difference and any withholding; failure to serve it on time makes the respondent liable for the full amount and bars a defence at adjudication.

PARTIES AND THE PAYMENT CLAIM

Respondent: Mitchell Construction Pty Ltd (ABN 189 472 638 044)
Address: Level 4, 88 Walker Street, North Sydney NSW 2060
Telephone: 02 9460 1188
Email: commercial@mitchellconstruction.com.au

Claimant: Harbour Electrical Services Pty Ltd
Address for service: Harbour Electrical Services Pty Ltd
15 Mary Street
Surry Hills NSW 2010

Construction contract: Subcontract MC-HE-2026-042 — electrical works for the Pacific Highway Office Tower Refurbishment
Project / site: 88 Pacific Highway, Chatswood NSW 2067
Payment claim: Payment Claim INV-HE-2026-118 dated 12 June 2026 for $128,450
Date the payment claim was received: 12 June 2026
Governing law: New South Wales, Australia

SCHEDULED AMOUNT

Amount claimed in the payment claim: $128,450.00
Scheduled amount (amount the respondent proposes to pay): $94,200.00
Amount withheld (difference): $34,250.00

Brief reasons for the difference:
The claimant has been over-claimed for the Level 4 lighting circuit (only 35% complete, not 60% as claimed) and has included a variation amount for emergency lighting upgrades that was not the subject of a written variation order under clause 12 of the subcontract.

The full reasons for any difference and any reasons for withholding payment are set out in the schedule below.

REASONS FOR THE DIFFERENCE AND FOR WITHHOLDING

Under the relevant State Act, where the scheduled amount is less than the claimed amount, the respondent must state the reasons for the difference and any reasons for withholding payment. The reasons are as follows:

Primary basis for withholding: amounts the respondent says are not due under the construction contract for the reference date.

Itemised reasons for the difference:
1. Level 4 lighting circuit claimed at 60% complete; site inspection on 18 June 2026 confirmed only 35% — over-claim adjusted — $7,000.00
2. Emergency lighting "upgrade" variation included without a written variation order under clause 12 — unauthorised variation rejected — $14,250.00
3. Defective installation of distribution board DB-3B requiring rework — set-off pending the claimant's rectification — $3,000.00
4. Back-charge for additional site supervision required due to claimant's late site attendance on 22 May 2026 — $10,000.00

Detailed reasons: The reasons set out above relate to amounts not properly due under the construction contract for the May 2026 reference date. The respondent has at all material times complied with its obligations under the subcontract and the relevant State Act.

The respondent reserves the right to rely at any adjudication on these reasons and on any further reasons properly arising from the construction contract and the relevant State or Territory Act.

DEFECTS, VARIATIONS AND BACK-CHARGES

Defective work: the respondent disputes part of the claimed amount on the basis of defective work or work not completed to specification. Distribution board DB-3B installation does not comply with AS/NZS 3000:2018 clause 2.6 regarding label clarity and circuit identification. Inspection report IRP-2026-21 issued to the claimant 17 June 2026 with rectification works scheduled for 28 June 2026.

Unauthorised variations: the respondent disputes amounts claimed for variations that were not the subject of a written variation order authorised under the construction contract. Emergency lighting upgrade was discussed in a verbal site meeting on 14 May 2026 but no written variation order was issued under clause 12 of the subcontract. Verbal variations are not binding on the respondent under clause 12.3.

Back-charges: the respondent applies back-charges against the claim. Additional supervisor time of 16 hours at $625/hour was incurred on 22 and 23 May 2026 due to the claimant's late site attendance, charged back at the contractual rate.

DEADLINE COMPLIANCE AND SERVICE

Statutory deadline: under Building and Construction Industry Security of Payment Act 1999 (NSW), the payment schedule must be served within 10 business days after the respondent receives the payment claim. under s 14 the respondent must serve a payment schedule within 10 business days of receiving the claim, indicating the scheduled amount and — if it is less than the claimed amount — the reasons for the difference and any withholding; failure to serve it on time makes the respondent liable for the full amount and bars a defence at adjudication.

Service of this payment schedule: the respondent serves this payment schedule on the claimant by email to the claimant's service address.

Service within the window: this payment schedule is served within the statutory window calculated from the date the payment claim was received.

Evidence of service: Sent by email to accounts@harbourelectrical.com.au on 24 June 2026 at 09:42 AEST, with read-receipt requested. Hard copy also sent by post to the claimant's address for service.

ADJUDICATION RESPONSE READINESS

Adjudication pathway: if the claimant lodges an adjudication application, the application is determined by an authorised nominating authority (Adjudicate Today, ABC Dispute Resolution, RICS Australasia and other appointed bodies). if the claimant disputes the payment schedule (or none is served), the claimant lodges an adjudication application with an authorised nominating authority; the adjudicator is appointed within 4 business days and must determine within 10 business days, and the determination is enforced as a judgment of the court.

Evidence the respondent will rely on: Site diary entries 1-31 May 2026, supervisor time-sheets, photos of the Level 4 lighting circuit on 18 June 2026, the inspection report IRP-2026-21, and the original subcontract clause 12 variation procedure.

Expert evidence: If adjudication is commenced, the respondent will rely on a quantity surveyor's assessment of the Level 4 lighting circuit completion percentage and on the supervisor's contemporaneous site diary.

The respondent expressly reserves the right to expand the reasons set out in this payment schedule at adjudication only to the extent permitted by the relevant State or Territory Act.

PROPOSED PAYMENT

The respondent proposes to pay the claimant the scheduled amount of $94,200.00 on or before the due date set out in the construction contract.

The balance of the amount claimed is withheld for the reasons set out above. The claimant may apply for adjudication of any difference under the relevant State or Territory Act if the claimant disputes this payment schedule.

RESPONDENT

Mitchell Construction Pty Ltd

Date: ____________________

Available as a print-ready PDF or an editable Microsoft Word (.docx) file.

What Is a Payment Schedule Response?

A payment schedule under an Australian Security of Payment Act is the respondent's statutory reply to a payment claim. It states the scheduled amount the respondent proposes to pay; if the scheduled amount is less than the claimed amount, it must also state the reasons for the difference and any reasons for withholding payment. The schedule must be served on the claimant within the prescribed window — 10 business days in NSW, Victoria, Tasmania and the ACT, 15 business days in Queensland, Western Australia and South Australia. Miss it and the respondent is liable for the full amount of the claim.

The strategic importance of the payment schedule is that at any subsequent adjudication, the respondent is restricted to the reasons set out in the schedule. Reasons not stated in the schedule cannot be raised at adjudication — they are forfeit. This makes the schedule the single most important document in any Australian construction payment dispute, and the document with the tightest deadline. The amendments to the Victorian framework on 15 April 2026 under the Building Legislation Amendment (Fairer Payments on Jobsites and Other Matters) Act 2025 added additional structure to the Victorian regime; the rest of Australia continues under the original framework with periodic reforms.

The Act does not prescribe a fixed form for the payment schedule — it sets the content requirements. Our template builds the schedule with the right structure: parties, the payment claim being responded to, the scheduled amount, itemised reasons for the difference, defects and variations and back-charges, deadline compliance evidence, and an adjudication-response readiness section.

What's Covered in This Template

Our Australian SOPA Payment Schedule Response covers every content requirement under every State Act, with state-aware switching for the eight jurisdictions.

Respondent and ABN

Your business name, ABN, address and contact details — the entity that received the payment claim.

Governing State (state-driven)

NSW / Victoria / Queensland / WA / SA / Tasmania / ACT / NT — selects the right SOPA Act and the schedule deadline.

Payment Claim Identified

The claim being responded to — reference, date, amount, claimant — so the schedule cannot be confused.

Scheduled Amount

The amount the respondent proposes to pay, with the automatic difference computed against the claimed amount.

Brief Reasons (Free)

Plain-English summary of why the scheduled amount is less than the claimed amount.

Expert: Itemised Reasons

One row per reason for withholding, with the amount attributable to each — what survives at adjudication.

Expert: Withholding Basis

The headline basis — not due under the contract, defective work, unauthorised variations, retention, or other.

Expert: Defects, Variations, Back-charges

Defects with AS / NCC reference, unauthorised variations and the contract clause requiring written variation orders, liquidated damages calculation, and back-charges.

Expert: Deadline Compliance

Service method, evidence of service (email read-receipt, post-and-track, hand-delivery), and a within-window declaration.

Expert: Adjudication Response Readiness

State-aware adjudication body, evidence summary (site diary, time-sheets, photos, inspection reports), and any expert evidence intent.

Proposed Payment

The proposed payment of the scheduled amount on or before the contractual due date.

Respondent Signature

RESPONDENT signature block.

How to Create a Payment Schedule Response

Follow these steps to produce a state-aware payment schedule that survives any subsequent adjudication.

1
Identify Your Business and the State
Enter your business name, ABN, address and contact details. Select the State or Territory of the project — this selects the SOPA Act, the schedule deadline and the adjudication body.
2
Identify the Payment Claim
Enter the claimant, the construction contract reference, the project site, the payment claim reference and date, and the date you received the claim (the deadline runs from receipt).
3
Set the Scheduled Amount
Enter the claimed amount and the scheduled amount you propose to pay. The difference is computed automatically. Write a plain-English summary of the headline reasons for any difference.
4
Itemise Reasons for Withholding (Expert)
Add one row per reason with the amount attributable to each — over-claim, defects, unauthorised variations, retention, back-charges. Reasons not in the schedule cannot be raised at adjudication.
5
Add Defects, Variations and Back-charges (Expert)
Add the defects detail (with AS / NCC reference and inspection report), unauthorised variations (with the contract clause requiring written variation orders), liquidated damages calculation, and back-charges (with contractual rate and notification record).
6
Record Deadline Compliance (Expert)
Choose the service method (email with read-receipt is strongest), record the evidence of service, and confirm the schedule is served within the statutory window.
7
Pre-position Adjudication Evidence (Expert)
List the evidence you will rely on (site diary, time-sheets, photos, inspection reports) and any expert evidence intent (quantity surveyor, defect engineer). Adjudication response is filed within days of any application being lodged — preparation must already be done.

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Legal Considerations

The payment schedule is the most powerful — and most time-sensitive — document in any Australian construction payment dispute.

This template is for informational purposes only and does not constitute legal advice. The Security of Payment statutory deadlines are unforgiving and a schedule served one minute late has no statutory effect. Engage an Australian construction lawyer for substantial claims, particularly where adjudication is likely.

Reviewed for Australian construction law

The Deadline is Absolute

Every State Act treats the payment-schedule deadline as absolute. There is no grace period and no power to extend. Serving the schedule one business day late is the same as not serving it at all — the respondent becomes liable for the full amount of the payment claim, recoverable as a debt, with no defence available at adjudication. Diary the deadline from the date of receipt, and serve early with verifiable evidence.

Reasons Not in the Schedule are Forfeit

At adjudication, the respondent is restricted to the reasons set out in the payment schedule. Reasons not stated cannot be raised — they are forfeit. This is the most consistent rule across Australian SOPA case law and applies in every East Coast jurisdiction. Itemise every reason for withholding, with the amount attributable to each, while the deadline is still open. The schedule is not a negotiating document — it is the respondent's only chance to defend.

Defects Must Be Particularised

A defects set-off succeeds at adjudication only if it identifies the specific standard breached (AS 3740 for waterproofing, AS 3700 for masonry, AS/NZS 3000 for electrical) and ties the defect to a contractual obligation. A generic complaint that "the work is defective" is treated as no defence. An inspection report from a qualified building consultant or quantity surveyor is the strongest evidence; site photographs and the project quality records are secondary.

Variations Require Written Variation Orders

Most Australian construction contracts require variations to be authorised in writing — typically a written variation order signed by an authorised representative. A claim for an unauthorised variation can be resisted on the basis that the contractual procedure was not followed. If your contract has a written variation order clause (most do), the contract clause is the foundation of the defence. Verbal site agreements are typically not binding.

Frequently Asked Questions

Serve Your Payment Schedule Today

Select the State of the project, identify the payment claim, set the scheduled amount, itemise the reasons for any difference, set out defects, variations and back-charges, and produce a SOPA-compliant payment schedule ready to serve before the deadline. Cross-link to the Doxuno Australian SOPA Payment Claim, Subcontract Agreement and Independent Contractor Agreement templates.

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