1. Field Name and Definition

Scheduled Amounts refers to the monetary values that have been previously scheduled for payment by the respondent (typically the principal or head contractor) in response to earlier payment claims submitted under your construction contract. These are amounts that the respondent has formally acknowledged as due and payable through their payment schedules, regardless of whether actual payment has been made.

This field appears on Payment Claims to provide a clear record of the payment history between parties and to establish the baseline for calculating amounts currently due. It demonstrates the progressive nature of payments under construction contracts and helps distinguish between amounts already acknowledged versus new claims for work performed.

2. Legal Requirements

Statutory Framework

Under the Building and Construction Industry Security of Payment Act 1999 (NSW) ("the Act"), while there is no explicit requirement to include scheduled amounts in a payment claim, the practice has evolved through industry standards and judicial interpretation. Section 13(2)(a) requires that a payment claim must identify the construction work or related goods and services to which the progress payment relates, which implicitly includes distinguishing between previously claimed work and new work.

Case Law Guidance

Consequences of Incorrect Completion

• Confusion about the actual amount being claimed.
• Disputes over whether work has been previously claimed.
• Potential invalidity of the payment claim if it results in substantial ambiguity.
• Difficulties in adjudication proceedings where payment history becomes contested.

3. Practical Guidance

Step-by-Step Instructions

1. Review all previous payment schedules issued by the respondent.
2. Create a chronological list of each payment schedule received.
3. Extract the scheduled amount from each payment schedule (not the amount actually paid).
4. Sum all scheduled amounts to arrive at the total.
5. Cross-reference with your internal records to ensure accuracy.
6. Document your calculations for future reference.

Where to Find This Information

• Payment schedules: Your contract administration files.
• Previous claims: Your accounts department records.
• Email correspondence: Confirmations of payment schedule receipt.
• Project management software: If you use automated systems.

4. Common Mistakes and How to Avoid Them

Confusing Scheduled Amounts with Paid Amounts

Mistake: Recording actual payments received.

Correct approach: Record amounts from payment schedules, regardless of payment status.

Omitting Rejected or Disputed Amounts

Mistake: Excluding amounts that were scheduled as $0.

Correct approach: Include all payment schedules, even those scheduling nil amounts, to maintain a complete history.

Double-Counting Scheduled Amounts

Mistake: Including the same work in multiple calculations.

Correct approach: Maintain a running register and clear records of what each schedule covered.

5. Risks of Not Including This Information

6. Examples

Payment Claim #5
Total Work Completed to Date: $980,000.00
Less: Total Previously Scheduled: $750,000.00
  (Payment Schedules #1-4 as detailed below)
Current Claim Amount: $230,000.00

Previously Scheduled Amounts:
- PS#1 dated 01 March 2024: $200,000.00
- PS#2 dated 01 April 2024: $180,000.00
- PS#3 dated 01 May 2024: $220,000.00
- PS#4 dated 01 June 2024: $150,000.00

Scheduled Amounts (Original Contract):
- Payment Schedules #1-3: $450,000.00
Scheduled Amounts (Approved Variations):
- Variation Schedule #1: $75,000.00
Total Previously Scheduled: $525,000.00

7. Related Fields

Consistency Checks

Ensure your scheduled amounts are consistent with other key fields in your payment claim:

• Total Amount of Progress Payment Claimed: Must reconcile with scheduled amounts.
• Work Completed to Date: Should exceed scheduled amounts plus the current claim.
• Retention Amounts: May affect the relationship between scheduled versus paid amounts.
• Variations: Should be separately identified from scheduled contract amounts.

8. Frequently Asked Questions