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Victorian payment claim

The Adjudication process starts when a Claimant issues a payment claim on the Respondent. It is important that all the criteria in the legislation for this document are met and your payment claim is served correctly on the Respondent.

A payment claim is a tax invoice that must:

  • Be in writing
  • Include the words “This is a payment claim under the Building and Construction Industry Security of Payment Act 2002 (VIC)”, or words to the same effect.
  • Describe in detail the construction work, related goods or services which are the subject of the claim
  • Be addressed to the Respondent
  • State the claimed amount

Ways that a claimant can serve a payment claim on a respondent include:

  • Hand delivery
  • Post to the Respondent’s ordinary place of business address
  • Fax to the Respondent’s ordinary place of business

It is important that evidence of service is kept, such as fax transmission reports.

The payment schedule is due by the Respondent by:

  • The date in accordance with the terms of the contract or
  • If the contract does not specify a date, then according to the Act, you are entitled to be paid 10 business days after the payment claim has been issued on the Respondent
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