Vic: Respondent Does NOT Serve Schedule within Time

Why should the Respondent serve a Payment Schedule and/or Performance Security Schedule?

Ignoring a payment claim and/or performance security claim, and not paying in full by the due date may have serious financial consequences.

Importantly, a respondent will not be permitted to submit an adjudication response. The adjudicator will determine the adjudication by reference to the claimant’s materials and submissions alone.

Next steps if the Respondent does not provide a Payment Schedule and/or Performance Security Schedule?

If the respondent does not provide a schedule and does not pay and/or release the full amount by the due date then the claimant may:

• apply to Adjudicate Today for adjudication of the claimed amount. However, before making the adjudication application, the claimant must serve a s 18(2) and/or s 18A(2) notice on the respondent within 10 business days after the due date for payment/release, notifying the respondent of the claimant’s intention to apply for adjudication and allowing the respondent 5 business days to respond with a schedule (a ‘second opportunity’ to serve a schedule);
• sue in court or commence a dispute resolution process permitted by the contract; and
• give notice of intention to suspend work.

When is the Payment Schedule and/or Performance Security Schedule Due?

To determine when a schedule is due and how it must be served, carefully consider the options below:

• Review information on calculating when a Payment Schedule is due.
• Review information on calculating when a Performance Security Schedule is due.
• Review information on service generally.

If the schedule is served late, or does not include the required detail, it may not be considered valid.

We recommend that a record of the time, date and manner of service on the claimant be kept. The Respondent must be able to evidence the date and manner of service.

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