Legal Project Management Plan & Checklist
Purpose of this Guide: Open this plan when your client is a head contractor, subcontractor, or supplier in the Victorian building and construction industry who has performed construction work or supplied related goods and services under a construction contract and has not been paid. Use this plan to serve a payment claim and pursue rapid statutory adjudication under the Building and Construction Industry Security of Payment Act 2002 (Vic). This plan incorporates the amendments introduced by the Building Legislation Amendment (Fairer Payments on Jobsites and Other Matters) Act 2025, which commenced on 15 April 2026. This parent plan covers the standard adjudication pathway where a payment schedule has been served. Three forks are available: where no payment schedule is served (Default Adjudication via s 18(2) Notice), where performance security release is sought at the end of the defects liability period (Performance Security Release), and where court registration and principal redirection is pursued after an adjudication determination (Court Enforcement and Principal Redirection).
Jurisdiction: Victoria, Australia. Adjudications are administered by an Authorised Nominating Authority (ANA) approved under the Act. Court enforcement is conducted in the Magistrates Court (claims up to $100,000), County Court (any amount), or Supreme Court (claims above $200,000). Three forks are available from this parent plan.
Use this fork when a Payment Claim has been properly served under the Building and Construction Industry Security of Payment Act 2002 (Vic) and the respondent has failed to serve any Payment Schedule within 10 business days of service. In this situation, the claimant must serve a Section 18(2) Notice of Intention to Apply for Adjudication within 10 business days of the statutory payment due date passing. The respondent then has exactly 5 business days from receipt of this notice to provide a payment schedule. If they remain silent, the claimant has a strict 5-business-day window to lodge the adjudication application with the ANA.
Use this fork when an adjudication determination has been made in favour of the claimant and the respondent has failed to pay the adjudicated amount within 5 business days. This fork covers two parallel enforcement mechanisms: (1) registering the Adjudication Certificate as a judgment debt in the correct court under s 28R, and (2) bypassing the respondent to recover the debt directly from the respondent's principal under Division 4 of the Act.
Use this fork when your client holds performance security (such as a bank guarantee, retention money, or performance bond) under a construction contract and the defects liability period has expired. The Building and Construction Industry Security of Payment Act 2002 (Vic), as amended from 15 April 2026, gives claimants a statutory right to demand the release of performance security after the defects liability period under s 9(2) and s 17A. The respondent has a maximum of 20 business days to release the security under s 12.
The Process at a Glance: The process begins with a gateway analysis confirming the work is within Victoria, the contract is not a domestic owner-occupier contract, and the claimant entity is solvent. A Payment Claim is drafted identifying the construction work or related goods and services, stating the claimed amount, and including the mandatory statutory endorsement required by s 14(2). The claim is served on or after the last day of the calendar month, and must be served within 6 months after practical completion under s 14C. The respondent has 10 business days to serve a Payment Schedule under s 15. If a schedule is served disputing the claim, the claimant has 10 business days from receipt to lodge an Adjudication Application with an ANA. A copy must be served on the respondent within 3 business days of lodgement. The adjudicator determines the adjudicated amount, and the respondent has 5 business days to pay. If unpaid, the claimant applies to the ANA for an Adjudication Certificate under s 28Q and files it as a judgment debt in court under s 28R.
Key Legislation and Case Law: Building and Construction Industry Security of Payment Act 2002 (Vic) - s 9 (statutory right to progress payments), s 9(2) (right to release of performance security), s 12 (20 business day cap on payment and security release terms), s 13A (unfair time bar declarations), s 14 (payment claim requirements and mandatory endorsement), s 14C (6-month limitation period from practical completion), s 15 (payment schedule - 10 business day deadline), s 17A (performance security claim process), s 17H (5 business day notice before recourse to performance security), s 18(1)(a) (adjudication application within 10 BD of schedule receipt), s 18(2) (notice of intention to apply - mandatory pre-step where no schedule served), s 21 and s 23 (no new reasons rule - respondent barred from raising reasons not in schedule), s 28Q (adjudication certificate), s 28R (court registration of certificate as judgment debt). Building Legislation Amendment (Fairer Payments on Jobsites and Other Matters) Act 2025 (Vic) - commenced 15 April 2026. Key cases: Facade Treatment Engineering Pty Ltd (in liq) v Brookfield Multiplex Constructions Pty Ltd [2016] VSCA 247 - company in liquidation cannot serve payment claims, pursue adjudication, or enforce determinations under the Act.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Security of Payment Act Claim (Claimant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Construction Law cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
Confirm the claimant is eligible to use the VIC SOP Act regime and that no statutory bars (insolvency, domestic owner-occupier, non-VIC work) apply.
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Serve a valid payment claim under s 14 that triggers the 10-business-day response window for the Payment Schedule.
Assess the respondent's position and determine the correct adjudication pathway - disputed schedule or no-schedule default route.
File a comprehensive Adjudication Application under s 18 with the ANA and serve the respondent within 3 business days of lodgement.
Receive the adjudicator's determination and apply for an Adjudication Certificate under s 28Q if the respondent fails to pay within 5 business days.
Register the Adjudication Certificate as a judgment debt in the correct court under s 28R via direct email submission to the Commercial Registry.
Complete principal redirection and serve Form 4 Discharge Notice to formally extinguish the redirected debt obligation.