Payment Schedule Sample Form - Victorian Building Authority
SAMPLE FORMPayment Schedule – Sample FormThis sample form can help you to prepare apayment schedule under the Building andConstruction Industry Security of PaymentAct 2002.WHY THIS IS A ‘SAMPLE’ FORMThe Building and Construction Industry Securityof Payment Act 2002 (the SOP Act) does notrequire you to use any particular form for apayment schedule.This form can help you to prepare a paymentschedule in response to a payment claim. Youcan use it, adapt it for your purposes, or decidenot to use it at all.BEFORE YOU STARTCheck to ensure that you provide thepayment schedule on timeThe payment schedule must be served on theclaimant within the time required by the contractor within 10 business days after you were servedwith a payment claim – whichever is earlier.REQUIRED INFORMATIONA payment schedule must: identify the payment claim to which it relatesindicate the amount of payment (if any) thatyou propose to make (the ‘scheduledamount’)if the scheduled amount is less than theclaimed amount, indicate why there is adifference and if you are withholdingpayment provide reasons for withholdingpaymentidentify any amount of the claim you allege isan excluded amount.SERVING THE PAYMENT SCHEDULEON THE CLAIMANTThe payment schedule can be served by State of Victoria, Victorian Building Authority 2016delivering it in person to the claimant, lodging itduring normal business hours at the claimant’sordinary place of business, posting or faxing it tothe claimant’s ordinary place of business, or inany other manner specified in the contract.The payment schedule is not served until it isreceived by the claimant or at the claimant’sordinary place of business. If it is posted, serviceis two business days after the day on which itwas posted. If it is faxed, service is immediateunless the fax is sent after 4pm, in which caseservice is the next business day.Consequences of not providing apayment scheduleIf you do not provide a payment schedule and donot pay the claimed amount on or before the duedate you become liable to pay the full amountclaimed on the due date for payment.The claimant may recover this amount as a debtdue in court or apply for adjudication. In eithercase, you may incur associated court oradjudication costs as well as having to pay theamount claimed. You may also be chargedinterest on the unpaid claimed amount from thedue date for payment.In the meantime, the claimant has the right tosuspend work or cease supplying related goodsand services under the contract until the disputeis resolved or payment is made.If you fail to provide a payment schedule, theclaimant must give you written notice of theirintention to apply for adjudication. You thenhave two business days to provide a paymentschedule.If the claimant applies for adjudication, arespondent who has not provided a paymentschedule may not submit an AdjudicationResponse or apply for a review of theadjudicator’s determination.1
SAMPLE FORMNOTES FOR THE RESPONDENTCompleting this Form1 Respondent’s DetailsProvide the contact details for your ordinaryplace of business.2 Claimant’s DetailsThese are likely to have been provided by theclaimant on the payment claim, if not on thecontract.3 Project/Site/Job DescriptionProvide sufficient information to identify theproject or site that the claimant worked on, orprovided goods or services to.4 Payment Claim DetailsYou must identify the payment claim. Thepayment schedule must include this information.Provide as much information as you can from thepayment claim itself.7 Reasons for withholding payment (includingexcluded amounts)If you are withholding payment for any reason,you must show how much is being withheld andwhy. The payment schedule must include thisinformation.The payment schedule must also identify anyamount of the claim that you allege to be anexcluded amount.8 List of AttachmentsAttach copies of any documents that will help toexplain a difference between the claimedamount and the scheduled amount. List theattached documents on the form.9 Signature of RespondentCheck that the details you have provided areaccurate and then sign the form.ADDITIONAL INFORMATIONClaimable variations5 Scheduled AmountThe payment claim may include amounts forvariations to the contract.Indicate the amount of the payment (if any) thatyou propose to make. This is the scheduledamount. The payment schedule must include thisinformation.The SOP Act specifies which variations may beclaimed in a payment claim, and which may not.Variations which may be claimed are calledclaimable variations.6 Description of work, goods or services andamountsClaimable variations include variations on whichthe parties agree and some disputed variations.All agreed variations may be included in apayment claim. Some disputed variations may beclaimed in payment claim if the parties do notagree about certain matters which are specifiedin the SOP Act.The claimed amount is the amount that theclaimant is seeking from you, as shown on thepayment claim.The scheduled amount is the amount youpropose to pay.The amount withheld is the amount that you donot agree to pay for any reason.For more information, see the VBA’s website andFact Sheet 4: Claimable Variations and ExcludedAmounts.2
SAMPLE FORMExcluded amountsThe payment claim must not include any‘excluded amount’.An excluded amount is: any amount that relates to a variation of theconstruction contract that is not a claimablevariationany amount (other than a claimablevariation) claimed under the constructioncontract for compensation due to thehappening of an event, including any amountrelating to latent conditions, time relatedcosts and changes in regulatoryrequirementsany amount claimed for damages for breachof the construction contract or for any otherclaim for damages arising under or inconnection with the contractany amount in relation to a claim arising atlaw other than under the constructioncontract.3
SAMPLE FORMPAYMENT SCHEDULE – SAMPLE FORM1 Respondent’s Details4 Payment Claim NumberCompanyPayment Claim numberContact PersonClaim PeriodAddressDD/MM/YYYYDue DatePhonetoPayment Claim total(the ‘claimed amount’) inc. GSTFax2 Claimant’s DetailsDD/MM/YYYYDD/MM/YYYY 5 Scheduled AmountCompanyAmount of payment(the ‘scheduled amount’) inc. GSTContact Person AddressPhoneFax3 Project/Site/Job DescriptionProject/Site/Job DescriptionContact Number (if applicable)Date of ContractDD/MM/YYYY6 Description of work, goods or services and amountsItem No.Description of work, goods or servicesTotal State of Victoria, Victorian Building Authority 2016Claimed AmountScheduled AmountAmount withheld(if any) 4
SAMPLE FORM7 Reasons for withholding payment (including excluded amounts)Item No.AmountReasons (show calculations) 8 List of Attachments9 Signature of RespondentSignature of RespondentDateDD/MM/YYYY5
payment schedule. This form can help you to prepare a payment schedule in response to a payment claim. You can use it, adapt it for your purposes, or decide not to use it at all. BEFORE YOU START Check to ensure that you provide the payment schedule on time The payment schedule must be served
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4 payment options available to sars clients 5 4.1 payment option 1 - using efiling to make your payment 5 4.2 payment option 2 - payment at a sars branch 7 4.3 payment option 3 - using the internet to make electronic payment 9 4.4 payment option 4 - bank payments (at one of the relevant banking institutions) 10 4.5 foreign payments 11
date will need be stated on the payment claim itself. A payer has two options when it receives a Payment Claim: (1) make payment in full by the due date; or (2) use a Payment Schedule to dispute the amount claimed and pay a lesser amount (possibly 0). The Payment Schedule must be served a
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