The Security Of Payment Act NSW process allows a respondent to respond to a valid payment claim received from a claimant with a payment schedule.
For a payment schedule to be valid it must meet the following statutory requirements of the Act:
(a) must identify the payment claim to which it relates, and
(b) must indicate the amount of the payment (if any) that the respondent proposes to make (the
“scheduled amount” ).
(3) If the scheduled amount is less than the claimed amount, the schedule must indicate why the scheduled amount is less and (if it is less because the respondent is withholding payment for any reason) the respondent‘s reasons for withholding payment.
If a respondent wishes to defend a payment claim served under the Security Of Payment Act NSW it is crucial that a valid payment schedule is served by a respondent on the claimant within the time allowed. See the Security of Payment Act NSW Flowchart for the comprehensive set of timelines.
If a respondent fails to serve a valid payment schedule within the allowed time they are barred from lodging a response to an adjudication application.
Our services include the preparation of Security Of Payment Act NSW Payment Schedules.
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