Shark Bay Bitterns — Commercial Program

Purpose. This is the commercial program required by SOW 4.6.1 as part of the Project Execution Plan — it describes the anticipated payment claims and invoicing across the project. The contract is a fixed lump sum of $2,789,004.51 (ex-GST), matching Purchase Order 182113 to the dollar. No payment Milestones are set (Schedule 1, Item 8 is blank), so all payments are monthly progress claims valued on work executed.

1 · Contract basis — Schedule 3 (as corrected by Annexure 1)

Section	Description	Value (ex-GST)	% of sum

Values are taken from Annexure 1 — Corrected Schedule 3, which is bound into the signed contract and restores the 3,200 m of 560 PN10 line ($54,362.70) and corrects line 4.3 to 28 days ($298,145.40). Line 6.4 Weather Standdown ($33,661.15) is excluded from the fixed price — it appears in the Comments column only, and is treated as reimbursable if weather standdown occurs.

2 · The claim cycle — Contract clauses 26.2 and 26.3

DTL submits the payment claim to the Principal Representative on the 25th of each month — or the next Business Day if the 25th is not one. (cl. 26.2(a)(i))
The Principal Representative issues a Payment Certificate within 10 Business Days of receipt, stating the amount considered payable. (cl. 26.3(a))
DTL then issues its Tax Invoice — for the certified amount, not the amount claimed. Not before the certificate. (cl. 26.3(d))
SBR pays per cl. 26.3(e) — see the calendar and the clarification below.

The Payment Certificate template confirms the order: "This payment certificate does not constitute a tax invoice. Payment will only be implemented on receipt of an original invoice."

3 · Claim calendar — to Completion, 20 November 2026

The invoice month is what sets the cash date. Payment is 30 days after the end of the Month in which the tax invoice is issued (cl. 26.3(e)(i)) — and we cannot invoice until SBR certifies (cl. 26.3(d)). So a certificate that slips into the next month costs a whole month of cash.

Assume SBR certifies within Business Days Contract allows up to 10 (cl. 26.3(a)). Drop this to model a faster turnaround.

Claim	Claim date — editable cl. 26.2(a)(i)	Certificate by cl. 26.3(a)	Invoice cl. 26.3(d)	Paid — limb (i) 30 days after EOM	Limb (ii) cap 35 days after claim	Watch

Dates recalculate on WA Business Days (weekends and WA public holidays excluded). Claim dates save in this browser.

Claim 1 — submitting on 24 July does not, by itself, get us paid in August. To be paid 30 August the tax invoice must be issued in July, and we cannot invoice until SBR certifies. If SBR takes the full 10 Business Days it is entitled to, then both a 24 July claim (certificate 7 Aug) and a 27 July claim (certificate 10 Aug) produce an August invoice and payment on 30 September.

Claiming 24 July works only if SBR certifies within 5 Business Days — half its entitlement.
The last claim date that guarantees a July certificate is Friday 17 July 2026 (10 Business Days before 31 July).

So the action is to ask John Stephens to commit to certifying Claim 1 by 31 July — the date is not the lever; his turnaround is. Submitting on 24 July is still right: it gives him the extra runway to do it.

Note on the claim date. Clause 26.2(a)(i) says the claim is given "on the twenty-fifth day of each month (or if this day is not a Business Day, the next Business Day after this day)" — read literally that is Monday 27 July, not Friday 24 July. Submitting early is not a breach and gives SBR more time to certify, but the contract does not oblige SBR to treat an early claim as received early. Worth confirming with the Principal Representative that a claim lodged on the 24th is processed on receipt. Also open: clause 26.3(e)(ii) caps payment at "no later than 35 days after the date of the relevant payment claim" — on a 24 July claim that is 28 August, earlier than limb (i)'s 30 September. DTL has asked the Principal Representative to confirm which limb governs.

4 · Valuation basis — cl. 26.2(d)(i) and the Schedule 8 Continuation Sheet

Each claim is valued at the lesser of the amount shown for that month in Schedule 3 and the value of the Works actually executed, less amounts previously claimed. Progress is measured line by line against the Schedule 3 schedule of values, using the Continuation Sheet in Schedule 8 — Forms and Templates:

Column	Meaning
A / B	Item number and description of work — our Schedule 3 lines
C	Scheduled Value — the Schedule 3 amount for that line
D	Approved from previous claim
E	Application this period
F	Completed and stored to date
Total %	F ÷ C — percentage complete
G	C − F — balance to finish
Retention	Nil. Schedule 1 provides security as 2 × 2.5% bank guarantees, so no cash retention is deducted — DTL is paid the full certified value.

5 · Anticipated claim profile

Enter the anticipated claim value for each month. Figures are indicative and will be superseded by the value of Works actually executed at each claim date. Cumulative and balance calculate automatically. Values save in this browser.

Claim	Claim date	Anticipated claim	Cumulative	% of sum	Balance to claim

6 · What every claim must contain — cl. 26.2(b)

Ref	Item
26.2(b)(i)	Detailed breakdown of contract value executed — since Commencement and since the last claim — in a form agreed with the Principal Representative
26.2(b)(ii)	Contract value of any Variation work executed and incorporated since the last claim
26.2(b)(iii)	Amounts previously paid
26.2(b)(iv)	DTL's estimate of cost to complete the Works
26.2(b)(v)	Program status report, payment register and financial statement, in the form required by the Principal Representative
26.2(b)(vi)	A pro-forma invoice
26.2(b)(vii)	The purchase order number — 182113
26.2(b)(viii)	Any other information reasonably required by the Principal Representative

Conditions precedent — miss one and the claim is invalid (cl. 26.5). Before a claim can be made, the bank guarantees must be lodged, a statutory declaration provided (Schedule 8 form, WA Oaths, Affidavits and Statutory Declarations Act 2005, declaring subcontractors and employees are paid), insurances current, and the Work Plan updated. A late or invalid claim does not accrue — it rolls to the next 25th (cl. 26.2(d)(iii)), costing a full month of cash.

7 · Beyond Completion — two further claims that are easily missed

Trigger	Claim due within	Detail
Certificate of Completion final Separable Portion	30 Business Days cl. 26.2(a)(ii)(A)	Final account. If the certificate issues at Completion (20 Nov 2026), the claim is due by approximately 6 January 2027. Half the security (2.5%, $69,725.11) is released at Completion.
Expiry of the Defects Liability Period	30 Business Days cl. 26.2(a)(ii)(B)	DLP is 24 months from Completion — ending about 20 November 2028 (longstop 36 months). Claim due by approximately 1 January 2029. The remaining 2.5% ($69,725.11) is released here. This sits two years past the job and is the one that gets forgotten.

8 · Security, damages and assumptions

Item	Position
Security	5% = $139,450.23, provided as 2 × 2.5% bank guarantees ($69,725.11 each). Half released at Completion, half at the end of the DLP. No cash retention.
Liquidated damages	$1,800 per day, capped at 5% ($139,450.23) — the cap is reached after 77 days of delay.
Payments on account	All payments are on account only (cl. 26.4) — payment is not evidence that the Works are complete or free of defects.
Unfixed materials	Not claimable unless agreed with the Principal, and then only against a separate bank guarantee (cl. 26.7). Relevant to the supply-heavy early claims.
Weather standdown	Excluded from the fixed price (Schedule 3, line 6.4) — reimbursable / dayworks if it occurs.
SOPA	The Building and Construction Industry (Security of Payment) Act (WA) applies (cl. 26.8) as the statutory backstop on payment.

9 · Open items DTL has raised with the Principal Representative

	Item
1	Clause 26.3(e) — which payment limb governs. Confirm payment is due on the earlier 35-day longstop. Approximately one month of cash on every claim.
2	Claim breakdown format. Agree the form of the detailed breakdown under cl. 26.2(b)(i), and the form of the program status report, payment register and financial statement under cl. 26.2(b)(v), before the first claim.
3	Schedule 8 / Schedule 9 naming. The contract refers to Schedule 8 — Forms and Templates; the file issued to DTL is named SCHED 9. Confirm they are the same document.
4	Annexure 1 — Corrected Schedule 3. Confirm the corrected price schedule is the executed version, so Section 4 is claimed on the corrected basis.

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