Singapore legislation
Section 36
of Building and Construction Industry Security of Payment Act 2004
Section 36
No contracting out
(1)
The provisions of this Act have effect despite any provision to the contrary in any contract or agreement.
(2)
The following provisions in any contract or agreement (whether in writing or not) are void:
a provision under which the operation of this Act or any part of this Act is, or is purported to be, excluded, modified, restricted or in any way prejudiced, or that has the effect of excluding, modifying, restricting or prejudicing the operation of this Act or any part of this Act;
a provision that may reasonably be construed as an attempt to deter a person from taking action under this Act.
(3)
The Minister may, for the purpose of subsection (2)(a), prescribe the type of provisions in any contract or agreement, or any class thereof, which are deemed to have the effect of excluding, modifying, restricting or prejudicing the operation of this Act or any part of this Act.
(4)
Except as provided in subsection (1), nothing in this Act limits or otherwise affects the operation of any other law in relation to any right, title, interest, privilege, obligation or liability of a person arising under or by virtue of a contract or an agreement.