케이스 / 상업 및 계약
상업 및 계약

payment schedule로 payment claim에 답변하기

들어오는 payment claim을 도착한 날 기록하고, Act가 답변을 위해 주는 기간을 활용하고, 인정 금액을 확정하고, 계산 방법과 차이 이유를 밝히는 payment schedule을 송부하고, 보유 중인 다른 모든 claim의 기한을 지켜본다.

6단계12 분종합건설사시행사 / 발주처PM/CM 업체

작동 방식, 단계별로

플랫폼 전반에 걸친 6단계 - 각 단계에서 무엇을 하는지, 그리고 왜 중요한지.

1

Log the claim on the day it is served

문서

File every incoming claim against its contract with the date and the manner it was served, and settle straight away whether the document is a payment claim under the Act: is it in writing, does it identify the work and the period, does it state a claimed amount and how it was calculated, and does it say it is made under the Act. Where the payer is a residential occupier, check as well that the prescribed notices the regulations require came with it.

이유: Every consequence in this case counts from the date of service, so the date is the single fact that must not be reconstructed later. Whether the document is a payment claim decides whether the count runs at all, and that question is far cheaper to answer on the day it lands than in the week the answer is already overdue.

입력Incoming payment claimSubcontract payment terms결과Claim logged with its service dateWhether it is a payment claim at all
2

Open the window you have to answer in

지급 시계

Put the claim on the clock from the day it was served and read back two dates: the last day a payment schedule can be provided, and the day payment falls due. The contract's own period governs where it sets one; where it is silent the Act gives 20 working days for the schedule. Working days exclude weekends, public holidays and the year-end closedown, so a December claim does not answer on the same arithmetic as a June one.

이유: The two dates are different questions and they are routinely confused. Missing the second is late payment, which costs interest and goodwill. Missing the first is losing the argument entirely, because the claimed amount then becomes payable whatever the work was actually worth. Naming both on the day the claim arrives is what keeps a busy month from turning the cheaper mistake into the expensive one.

입력Claim logged with its service dateResponse period the contract sets결과Last day to answerDate payment falls due
3

Settle the scheduled amount and how you got there

재무

Work out what you say the period is worth, line by line against the claim, and write down the calculation as you go: the quantity you accept, the rate you applied, the retention withheld and any amount deducted. Keep the difference attached to the line it came from rather than as one adjustment at the bottom.

이유: A payment schedule that certifies less than was claimed has to show the manner in which the payer calculated the scheduled amount, so the calculation is not working paper, it is part of the document. Built line by line it also survives adjudication, where a lump-sum reduction with no derivation reads as a payer who reduced the claim first and looked for reasons afterwards.

입력Claimed amount and its build-upYour own measure and records결과Scheduled amount settledManner of calculation written down
4

Serve a schedule that carries its reasons

서신

Issue the payment schedule in writing to the claimant. It has to identify the payment claim it answers and state the scheduled amount, and where that is less than the amount claimed it has to give the manner of calculation, the reason for the difference and, for anything being withheld, the reason for withholding it. Send it against the contract record so the sent copy and its date are kept, not just the draft.

이유: A schedule missing its reasons is treated as no schedule at all, which puts the payer in the same position as one who never answered. Note also that being unpaid yourself is not a reason the Act will hear: conditional payment provisions of the pay-when-paid kind are ineffective, so a subcontractor's money does not wait on the principal's.

입력Scheduled amount settledManner of calculation written down결과Payment schedule servedReasons for the difference recorded
5

Watch every claim you are still holding

마감일

Keep the answer dates for every open claim across every project on one list, each with the person who owes the schedule, and let it warn you a few days out rather than on the morning it expires. Include the claims you intend to certify in full, because those are the ones that get left in a tray.

이유: Nobody misses this deadline on a claim they are arguing about. It is missed on the routine ones, on the week somebody is on leave, and on the claim that arrived by an inbox nobody was reading. A list with an owner against each row is the only version of this that survives a busy month.

입력Claims still openLast day to answer결과Answers falling due this weekNamed owner for each one
6

Read what an unanswered claim would cost you

보고서

Read the gap between what was claimed and what was scheduled across the portfolio, next to the claims that have no schedule against them yet. The second number is the exposure: it is what becomes payable if the window closes, regardless of what the work was worth.

이유: Boards understand this regime when it is a figure and not a rule. One project answering late is an administrative problem; the same figure repeated across six projects is a working capital risk, and it is the kind that arrives as a court filing rather than as a warning.

입력Claims answered by nothingScheduled against claimed결과Amount at risk of becoming payableWhere answers keep running late
모듈

이 플레이북의 모듈

플랫폼 190개 모듈 중 6

The market this case is written for

뉴질랜드

Everything in this case follows how construction work is measured, priced and paid for in this market. The forms, the cost breakdown and the payment rules are the ones used there, not a generic version of them.

Standards it follows

  • NZS 3910
  • Construction Contracts Act

You do not have to set any of that up by hand. The first time you open the platform it asks which market you work in. Choose this one and it sets the interface language, loads the matching cost database and records the cost classification, and it adds an example project you can open straight away.

The rule checks for this market come with the platform too. Switch them on once and an estimate that misses something the market expects is flagged while you are still working on it, not after the tender has gone out.

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