Payment schedules (NSW): short-paid or none received

A payment schedule is the respondent's written reply to your payment claim: it must identify the claim, state what they will pay, and give reasons for any shortfall. If it is for less than you claimed, you can adjudicate. If no schedule arrives in time and you are not paid, the respondent is liable for the full claimed amount — recoverable as a debt or through adjudication. The respondent is locked into the reasons in the schedule.

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What a payment schedule is, the respondent's obligation and deadline to serve one, and — the part that matters most — exactly what to do when the schedule is for less than you claimed, or never arrives at all. Each step tied to the Act.

NSW only. This covers the Building and Construction Industry Security of Payment Act 1999 (NSW). Other states and territories have their own security of payment Acts with different timeframes.

What a payment schedule is

Once you serve a payment claim, the respondent’s move is a payment schedule — a written reply that must identify the payment claim it responds to and indicate the amount the respondent proposes to pay, the scheduled amount s 14, Building and Construction Industry Security of Payment Act 1999 (NSW) (as of 8 July 2026). If the scheduled amount is less than you claimed, the schedule must say why: it has to state the respondent’s reasons for the difference, and, where the reason is that money is being withheld, why s 14, Building and Construction Industry Security of Payment Act 1999 (NSW) (as of 8 July 2026). That reasons requirement is the claimant’s friend — it pins the respondent down, as we will see.

The respondent’s deadline

The respondent must serve the schedule within the time the contract allows or the period the Act allows after the claim was served — whichever is shorter s 14, Building and Construction Industry Security of Payment Act 1999 (NSW) (as of 8 July 2026). This is a hard deadline, and it is the hinge the rest of your rights turn on. The date runs from when you served the claim, which is why proof of service (in the payment-claim guide) matters so much.

On the day-counts: the exact schedule and payment periods are set by the current Act and can be shortened by your contract. Any date that will drive a real step on a live claim must be confirmed against the Act text with a construction lawyer. TODO: counsel-verify all day-counts and notice requirements before go-live.

If the schedule is for less than you claimed

A short payment schedule is not the end of the road — it is an invitation to adjudicate. Your options:

The claimant’s edge here is the reasons lock: a respondent cannot rely at adjudication on reasons for withholding payment that were not in the payment schedule s 20, Building and Construction Industry Security of Payment Act 1999 (NSW) (as of 8 July 2026). A schedule that is vague, or that leaves out the respondent’s real argument, hands you the advantage — they cannot improve on it later.

If you receive no payment schedule at all

Silence is the respondent’s worst move. If they serve no schedule within the time and do not pay the claim, they become liable to pay the full claimed amount on the due date s 14, Building and Construction Industry Security of Payment Act 1999 (NSW) (as of 8 July 2026). From there you have two routes:

  1. Recover the claimed amount as a debt in court s 15, Building and Construction Industry Security of Payment Act 1999 (NSW) (as of 8 July 2026). In that recovery, the respondent generally cannot bring a cross-claim or raise a defence arising under the construction contract s 15, Building and Construction Industry Security of Payment Act 1999 (NSW) (as of 8 July 2026) — a powerful shortcut.
  2. Apply for adjudication s 17, Building and Construction Industry Security of Payment Act 1999 (NSW) (as of 8 July 2026). Where no schedule was served, the Act generally requires you first to notify the respondent of your intention to adjudicate and give them a last, short opportunity to provide a schedule s 17, Building and Construction Industry Security of Payment Act 1999 (NSW) (as of 8 July 2026). Only if they still do not can you proceed.

Both routes have their own notice and timing requirements — and the deadlines are short — so confirm the exact steps before you rely on them. The Security of Payment hub links the deadline calculator and the adjudication guide as they ship.

What to do the moment a deadline passes

The instant the schedule deadline passes with nothing received, your position changes — so capture it. Note the date the claim was served, the date the schedule was due, and the date payment falls due. Keep your served claim and proof of service with those dates. Whether you head to court for the debt or to adjudication, that dated trail is what proves the respondent missed its window and you did not miss yours.

Keep reading

Security of Payment (NSW) — start hereThe pillar guide indexing every guide, tool, and template in the cluster.Security of Payment Act NSW, explainedWhat the Act is, who it protects, and the right to progress payments.How to make a payment claim (NSW)Requirements of a valid payment claim, reference dates, and timing.Adjudication (NSW)When you can adjudicate, the timeframes, and what an adjudicator decides.Retention money (NSW)Trust-account rules, defects liability, and release milestones.

Questions

What is a payment schedule?

A payment schedule is the respondent’s written reply to a payment claim. It must identify the claim, state the amount the respondent proposes to pay (the scheduled amount), and — if that is less than claimed — give the reasons for the difference. It is the respondent’s only chance to put its reasons on the record.

How long does the respondent have to serve a payment schedule?

The respondent must serve a payment schedule within the time set by the contract or, if shorter, the time the Act allows after the payment claim was served — whichever comes first. Confirm the exact period for your claim against the current Act with a construction lawyer.

What if the payment schedule is for less than I claimed?

You can accept the scheduled amount, or apply for adjudication to have an independent adjudicator decide how much is really payable. The respondent is generally locked into the reasons stated in the schedule and cannot add new ones later, which is an advantage for the claimant.

What if I get no payment schedule at all?

If the respondent serves no schedule within time and does not pay, it becomes liable for the full claimed amount. You can then either recover that amount as a debt in court or apply for adjudication — usually after giving the respondent notice and a last chance to provide a schedule. Verify the required notice and timing before acting.

Can the respondent raise new reasons at adjudication?

Generally no. A respondent cannot rely in an adjudication on reasons for withholding payment that were not included in the payment schedule. That is why a short or vague schedule can work in the claimant’s favour.

Does a payment schedule mean I have been paid?

No. A schedule only states what the respondent proposes to pay. Payment still has to be made by the due date. If the scheduled amount is not paid when due, that unpaid amount is itself recoverable — including through adjudication.

collect.ac tracks the SOPA clock on every claim and retention so you never miss a statutory deadline.

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Not legal advice. This is general information about the Building and Construction Industry Security of Payment Act 1999 (NSW), not legal advice about your situation. Statutory deadlines are strict and a missed one can forfeit your rights. Confirm every date and requirement with a qualified construction lawyer before acting on a live claim.