As the year draws to a close, the festive season often brings a rush of project completions, payment claims, and last-minute administration. But for those dealing with Security of Payment (SOP) matters, it’s important to remember that adjudication timeframes don’t necessarily stop for Christmas and deadlines can easily roll into the holiday period.
NSW Payment Claim Deadline: 5 November 2025
To have the adjudication process wrapped up before Christmas, the deadline for a typical adjudication timeline is 5 November 2025. For a payment claim served on 5 November, here is what the typical NSW adjudication timeline looks like:
- 5 November 2025 – Payment claim served
- 19 November 2025 – Payment schedule due (10 business days)*
- 3 December 2025 – Adjudication application lodged (10 business days)
- 10 December 2025 – Adjudication response due (5 business days)
- 24 December 2025 – Determination due (10 business days)*
*We note the above dates are subject to the Payment Schedule being served within 10 business days and may be adjusted if the Adjudicator exercises their right to request an extension.
As you can see, even a claim served in early November can result in a determination being handed down on Christmas Eve.
Business Days and Public Holidays
Section 4 of the Building and Construction Industry Security of Payment Act 1999 (NSW) defines ‘business day’ as follows:
“business day” means any day other than —
(a) a Saturday, Sunday or public holiday, or
(b) 27, 28, 29, 30 or 31 December.
This means that in NSW, unless a day is an official public holiday, or within the exclusion period, it still counts toward statutory timeframes, regardless of whether your office is open.
Why This Matters
Missing a statutory deadline under the SOP regime can have serious consequences including losing your right to issue a payment schedule, make an adjudication application, or lodge a response. With tight timeframes and limited resources during December, it’s critical to plan ahead.
Practical Tips Before the Holidays
- Review your projects now: Identify any potential payment claims or disputes before December.
- Mark your calendars: Double-check business day definitions in your state or territory.
- Stay connected: Ensure someone is available to manage SOP correspondence during the break.
- Seek advice early: Adjudications can and do continue through the holidays, don’t get caught out.
Wrap It Up Before It’s Hanging on the Tree
Before your adjudication deadlines end up hanging on the tree, take time now to get ahead of the process. Our team is available throughout the lead-up to Christmas to help with payment claims, responses, and adjudications — so you can close out the year with confidence and start the new one on solid footing.