Claims up the chain, obligations down the chain.
You are the claimant on one contract and the respondent on a dozen others, in the same week, on the same job. Paystruct runs both directions against the contract they belong to.
Your first contract is free.
Claimant upward, respondent downward, in the same week
Your claim to the principal goes out against one reference date. The claims from below arrive on their own dates, each starting a clock that runs whether or not anyone has opened the email.
Claiming up
Assessing down
Retention both ways
Many contracts at once
The schedule is the cheapest document on the job
It costs an hour to prepare properly. Not giving one, or giving one that says nothing useful, is what turns an argued claim into a paid one.
- The schedule has to identify the claim it responds to and state the amount you propose to pay.
- Where that amount is less than the amount claimed, it has to say why.
- Where you are withholding payment, your reasons for withholding belong in the schedule.
- Reasons left out are generally not available to you afterwards: an adjudication response cannot introduce reasons the schedule did not carry.
- If no schedule is given and the claim is not paid by the due date, the claimant can pursue the amount as a debt or apply for adjudication, and in that debt proceeding the Act limits the defences and counterclaims a respondent can raise about matters arising under the contract.
- Paystruct dates each claim on receipt, counts the response period in business days, and produces the schedule as a document with an assessment against every line.
Business days in Queensland exclude weekends, public holidays and the period from 22 December to 10 January, which is why December claims catch people out. See how the dates are counted.
One record per contract, both directions
The head contract and each subcontract are set up once, with their own terms. After that the month is the same shape every time.
Set up the contracts
Claim up on the reference date
Assess what arrives
Keep the positions straight
The statement that has to go with the claim
A head contractor's payment claim to the principal has to be accompanied by a supporting statement about whether the subcontractors have been paid. Giving a claim without one is an offence, and giving one that is known to be false is a more serious one.
Produced with the claim
Answered by you
Kept with the claim
Whether a missing supporting statement also costs you the claim is contested ground, and it is the sort of question a lawyer answers on your facts. The working position is simpler: serve it every time. See what a claim pack contains.
Retention held both ways
You withhold retention from below and have it withheld from you above, on different percentages, different caps and different release dates. Queensland also has a statutory trust framework sitting over some contracts, covering project trusts and trusts for cash retention. Whether it reaches a particular contract turns on the type of work, the parties, the value and when the contract was entered into, and those thresholds have moved more than once.
Paystruct does not administer trust accounts and does not decide whether a trust is required for your job. Take advice on the contract in front of you. What Paystruct does is keep the record: what is held, when it is due back, and what notices have been given.
- Cash retention withheld from each subcontractor claim, at that subcontract's percentage and cap
- Your own retention withheld by the principal, tracked on the same footing
- Bank guarantees and insurance bonds, with the issuer, the amount and the expiry
- Release dates for each part, taken from the contract rather than recalled
- Notices about a retention trust recorded against the contract they relate to
- A running position for what is held, what has been released, and what is still to come back
Software, not a law firm
Paystruct is built to the Queensland Act and the cases decided under it. It shows its reasoning, and it is candid about the questions it cannot answer.
It does not give legal advice, and nothing on this site is legal advice. No software can promise that a claim you serve is valid, or that a schedule you give will hold. What it can do is make sure the document exists, that it went out in time, and that the record of it is there. Get a lawyer involved for:
- A claim being contested, up the chain or down it
- A final claim, where the windows differ and the whole job is in the number
- A contract that has been terminated, or a party showing signs of insolvency
- Any adjudication, whether you are the applicant or the respondent
On a job of any size, advice taken in the response period costs less than advice taken after it.
