Vic Respondent Serves Schedule

The payment schedule and/or performance security schedule must be served on the claimant no later than 10 business days after receipt of the payment claim and/or performance security claim (or shorter period if provided by the contract) and in accordance with strict legal requirements as to service.

A valid payment schedule must comply with the below requirements

A payment schedule must:

• be received no later than 10 business days after receipt of the payment claim, or a shorter period if provided by the contract;
• be in writing and addressed to the claimant;
• identify the payment claim to which it relates;
• identify the amount of payment that it is proposed be paid (the ‘scheduled amount’) (it may be "nil");
• if the amount that the respondent proposes to pay is less than the amount claimed in the payment claim, the respondent must indicate why the amount is less and reasons for withholding payment, including how the valuation of the withheld amount is calculated.

A valid performance security schedule must comply with the below requirements

A performance security schedule must:

• be received no later than 10 business days after receipt of the performance security claim, or a shorter period if provided by the contract;
• be in writing and addressed to the claimant;
• identify the performance security to which it relates;
• identify the amount of the performance security that is proposed to be released if it is not the same amount of the claim;
• indicate when the respondent proposes to release the performance security (or any part);
• if the respondent proposes to release less than the amount of the performance security claimed, the respondent must indicate why the amount to be released is less and provide reasons.

What happens if the respondent provides a valid schedule for less than the amount claimed?

The claimant can:

• accept the reasons given by the respondent for not paying or releasing the full amount and wait for the respondent to pay/release any scheduled amount by the due date; or
• apply to Adjudicate Today for adjudication of the disputed amount. The adjudication application must be made within 10 business days after receiving the payment schedule and/or performance security schedule; or
• sue in court or commence any dispute resolution process permitted by the contract.

What happens if the respondent does not provide a valid schedule?

If the respondent does not provide a valid payment schedule and/or performance security schedule, click here.

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

What happens if the respondent provides a valid schedule but fails to pay the amount due by the due date?

The claimant can:

• apply to Adjudicate Today for adjudication of the full claimed amount regardless of whether the claimant was prepared to accept a lesser scheduled amount. The adjudication application must be made within 10 business days after the due date; or
• sue in court or commence any dispute resolution process permitted by the contract; and/or
• give 3 business days' notice of intention to suspend work.

Avoid pitfalls

Click here for a list of common reasons why respondents fail to succeed in adjudication.

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