Singapore legislation
Section 10
of Building and Construction Industry Security of Payment Act 2004
Section 10
Payment claims
(1)
A claimant may serve one payment claim in respect of a progress payment on —
one or more other persons who, under the contract concerned, is or may be liable to make the payment; or
any other person specified in or identified in accordance with the terms of the contract for this purpose.
(2)
A payment claim must be served —
not later than —
the date, or the last day of a period, specified in, or determined in accordance with, the terms of the contract relating to the purpose of this subsection; or
the date prescribed for the purpose of this subsection if the contract does not contain such terms; and
not later than 30 months after the following, whichever is applicable:
the date on which the goods and services to which the amount in the payment claim relates were last supplied;
the latest of the following dates:
the date on which the construction work to which the amount in the payment claim relates was last carried out;
the issuance date of the last document, as at the time the payment claim is served, certifying the completion of the construction work under a contract;
the issuance date of the last temporary occupation permit as at the time the payment claim is served.
(3)
In subsection (2) —
a payment claim that is served before the date or last day mentioned in subsection (2)(a)(i) is deemed to have been served on that date or day, as the case may be; and
a payment claim that is served before the prescribed date mentioned in subsection (2)(a)(ii) is deemed to have been served on that date.
(4)
A payment claim —
must state the claimed amount, calculated by reference to the period to which the payment claim relates; and
must be made in such form and manner, and contain such other information or be accompanied by such documents, as may be prescribed.
(5)
Nothing in subsection (1) prevents the claimant from serving an unpaid payment claim in accordance with subsection (2).
(6)
In this section —
Definition
“issuance date”, for a document, means the date that the document is served;
Definition
“temporary occupation permit”, in respect of a building or part of a building, means —
a temporary occupation permit granted under the Building Control Act 1989 for the building or part of the building; or
a certificate of statutory completion issued under that Act for that building or part of that building where no temporary occupation permit is granted;
Definition
“unpaid payment claim” means —
a payment claim for which full payment has not been received, and for which an adjudication application has not been brought; or
a payment claim for which —
full payment has not been received; and
an adjudication application has been brought, but was withdrawn for any reason or rejected without adjudication because the claimant’s entitlement to make an adjudication application had not arisen under section 12, or because the adjudication application did not comply with the requirements under section 13(2) or (3).