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Vic Calculating Due Date for Payment / Release
Authorised Nominating Authority
IMPORTANT: AMENDED ACT
This page is for payment claims or performance security claims made on or after 15 April 2026. If your payment claim or adjudication application was made on or before 14 April 2026 please CLICK HERE - the previous version of the Act applies.
This page is for payment claims or performance security claims made on or after 15 April 2026. If your payment claim or adjudication application was made on or before 14 April 2026 please CLICK HERE - the previous version of the Act applies.
How is the due date for payment and/or release calculated?
Payment of a progress payment or release of a performance security becomes due:
- on the day on which payment is due under the contract (a term or provision later than 20 business days after service of the payment claim and/or performance security claim has no effect); or
- if the contract does not expressly provide a term or provision, 10 business days after the earliest day on which a payment claim and/or performance security claim may be served.
Calculating the earliest day a payment claim and/or performance security claim may be served
A Payment Claim may be served on and from:
- the last day of the named month in which the construction work was first carried out or goods and services provided;
- the last day of each subsequent named month during which work is carried out or goods and services provided;
- an earlier date if provided for in the construction contract;
- if a notice of termination is served or a construction contract is terminated by agreement, a claim may be served on and from the date of termination;
- special rules relate to the month of December. If a payment claim relates to:
- the period starting on 1 December and ending on 21 December, the payment claim may be served on and from 22 December of that year; or
- the period starting on 22 December and ending on 31 December, the payment claim may be served on and from 31 January in the following year.
A Performance Security Claim for the release of the whole or part of a performance security may be served no earlier than the earliest of the following:
- a day that is at least 20 business days after the end of the relevant defects liability period for the construction work carried out or related goods or services supplied under the construction contract to which the performance security relates;
- on or after a day, or on or after the day of the occurrence of an event (if any), specified in the construction contract.