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Security of Payment in South Australia: the deadlines a subcontractor works to

Every date below comes from the Building and Construction Industry Security of Payment Act 2009 (SA), and each one shows the section it comes from so you can check it. The contract can set an earlier date than the Act in places, and the Act wins where the contract is later than it allows.

For the actual dates on your claim, put the day you served it into the deadline calculator.

How long does the builder have to answer a payment claim in South Australia?

Payment schedule must be served15 business days

From service of the payment claim.

Miss this and the respondent becomes liable for the FULL claimed amount on the due date, recoverable as a debt or via adjudication, with no contract defences in debt proceedings.

SA s 14(4)(b)

When does a subcontractor's payment fall due in South Australia?

Payment due (statutory default, contract silent)15 business days

From service of the payment claim. Statutory default shown, for a contract that says nothing. In South Australia the date your contract sets applies instead, earlier or later (SA s 11(1)(a)).

SA s 11(1)(b)

What can a subcontractor do in South Australia if no payment schedule comes back?

Notice of intention to adjudicate (no schedule served)20 business days

From the due date for payment.

Without this notice the no-schedule adjudication path is barred.

SA s 17(2)

How long does a subcontractor have to apply for adjudication in South Australia?

Adjudication application (schedule less than claim)15 business days

From receipt of the payment schedule.

Apply late and the adjudication right for this claim is lost.

SA s 17(3)(c)

Adjudication application (scheduled amount unpaid)20 business days

From the due date for payment.

Apply late and the adjudication right for this claim is lost.

SA s 17(3)(d)

Adjudication application (no schedule served)15 business days

From the end of the respondent’s second-chance schedule period.

Apply late and the adjudication right for this claim is lost.

SA s 17(3)(e)

Which days are not business days under the Security of Payment Act in South Australia?

Weekends and public holidays, and the Act itself takes out 27 December to 31 December (SA s 4).

Not legal advice. These are statutory defaults. Verify every date against the relevant Security of Payment Act and your contract.

Business-day counting excludes weekends, the Act-specific December/January shutdown, New Year’s Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Christmas Day and Boxing Day, plus the substitute weekday where New Year’s Day, Australia Day, Christmas Day or Boxing Day falls on a weekend. Anzac Day is substituted in Queensland when 25 April falls on a Sunday, as it is in the Australian Capital Territory and the Northern Territory, and in Western Australia when it falls on either a Saturday or a Sunday. State and territory public holidays are modelled for New South Wales, Queensland, Victoria, Western Australia, South Australia, Tasmania, the Australian Capital Territory and the Northern Territory. State public holidays counted here: Adelaide Cup Day, Easter Saturday, Easter Sunday, King’s Birthday, Labour Day. Not counted: a day of a Statewide shut-down of the building and construction industry, which South Australia also takes out of a business day (s 4) and which is not published in advance. A deadline near it can fall a day later than shown.

On a real job, you do not type any of this

YourCA reads your head contract, works out the dates it puts on you and warns you before each one closes: claim day three days out, a variation notice window two days before it shuts, their payment schedule the day it is late. Every figure shows the clause it came from.

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