State and Territory laws provide timeframes for respondents to dispute a payment claim by issuing a payment schedule/notice of dispute: ACT Victoria Tasmania South Australia Queensland Western Northern New Australia Territory (Payment (Payment (Payment Schedule) (Payment Schedule) (Payment Schedule) South Schedule) Schedule) (Notice of (Notice of Dispute) Wales Current legislation Building Industry – Dispute) (Payment Fairness (Security of Payment) Act 2017 Schedule) Timeframe for Earlier of: Earlier of: Earlier of: The shorter of the following periods: As per contractual or time required by the time required by the time required by the contract; or If the contract is written, as per submission of In absence of contractual terms, contract; or contract; or contractual terms; or 10 business days after the payment within 14 days after the payment payment 10 business days after 15 business days The period that is 25 business days claim is served. claim is served. schedule / a payment claim is after the payment after the day the payment claim is notice of served. claim is served. given to the respondent. dispute the claim relates to a residential structure, later of: time required by the contract; or 20 business days after a payment claim is served. Under State and Territory laws, payment schedules / notices of dispute may be valid if they include the following: New South ACT Victoria Tasmania South Queensland Western Northern Payment Schedule / Notice of Wales Australia Australia Territory (Payment Schedule) (Payment (Payment Schedule) (Payment Schedule) Schedule) Dispute must: (Payment Schedule) (Payment Schedule) (in absence of (in absence of contractual terms) contractual terms) Current legislation Building – Industry Fairness (Security of Payment) Act 2017 Identify payment claim to which it relates Indicate / state amount of payment the respondent proposes to make Reason why payment is & why money is being withheld (if applicable) Identify amount of claim which is an excluded amount
State and Territory laws provide timeframes for respondents to dispute a payment claim by issuing a payment schedule/notice of dispute: New South Wales (Payment Schedule) ACT (Payment Schedule) Victoria (Payment Schedule) Tasmania (Payment Schedule) South Australia (Payment Schedule) Queensland (Payment Schedule) Current legislation – Building Industry Fairness (Security of Payment) Act 2017 Western Australia (Notice of Dispute) Northern Territory (Notice of Dispute) Timeframe for submission of payment schedule / notice of dispute Earlier of: time required by the contract; or 10 business days after the payment claim is served. Earlier of: time required by the contract; or 10 business days after a payment claim is served. the claim relates to a residential structure, later of: time required by the contract; or 20 business days after a payment claim is served. Earlier of: time required by the contract; or 15 business days after the payment claim is served. The shorter of the following periods: If the contract is written, as per contractual terms; or The period that is 25 business days after the day the payment claim is given to the respondent. As per contractual or In absence of contractual terms, within 14 days after the payment claim is served. Under State and Territory laws, payment schedules / notices of dispute may be valid if they include the following: Payment Schedule / Notice of Dispute must: New South Wales (Payment Schedule) ACT (Payment Schedule) Victoria (Payment Schedule) Tasmania (Payment Schedule) South Australia (Payment Schedule) Queensland (Payment Schedule) Western Australia (in absence of contractual terms) Northern Territory (in absence of contractual terms) Current legislation – Building Industry Fairness (Security of Payment) Act 2017 Identify payment claim to which it relates Indicate / state amount of payment the respondent proposes to make Reason why payment is & why money is being withheld (if applicable) Identify amount of claim which is an excluded amount
sop_state_and_territory_law_checklist.docx