Security of Payment Act Claim (Claimant) - Default Adjudication (No Payment Schedule)

Jurisdiction: New South Wales, Australia. Adjudications are administered by an authorised nominating authority (such as Adjudicate Today or similar) under the Building and Construction Industry Security of Payment Act 1999 (NSW). This fork applies only where the respondent failed to provide a Payment Schedule within the statutory 10 business days.

The Process at a Glance: Once the 10-business-day response window expires without a Payment Schedule, the respondent becomes a statutory debtor. To pursue adjudication, the claimant must serve a Section 17(2) notice of intention within 20 business days of the payment due date. This notice gives the respondent a final 5 business days to provide a Payment Schedule. If the respondent still fails to provide a schedule, the claimant has 10 business days after the end of that 5-day window to lodge the Adjudication Application. Because no schedule was provided, the respondent is statutorily barred from submitting an Adjudication Response, meaning the adjudicator makes the determination based on the claimant's submissions alone.

Key Legislation and Case Law: Building and Construction Industry Security of Payment Act 1999 (NSW) - s 14(4) (10 business day schedule deadline), s 17(1)(b) (adjudication when no schedule served), s 17(2) (mandatory second notice requirement), s 20(2A) (respondent cannot lodge adjudication response if no payment schedule served). Key cases: Claire Rewais and Osama Rewais t/as McVitty Grove v BPB Earthmoving Pty Ltd [2020] NSWCA 103 (strict service rules apply to s 17(2) notices). Note: The s 17(2) notice is an absolute condition precedent - failure to serve it or filing the application before the 5-day response window expires will invalidate the entire adjudication.

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