Singapore legislation

Section 4

of Building and Construction Industry Security of Payment Act 2004

Section 4

Application of Act

Amended by47/201847/2018

(1)

Subject to subsection (2), this Act applies to any contract that is made in writing on or after 1 April 2005, whether or not the contract is expressed to be governed by the law of Singapore.

(2)

This Act does not apply to —

(a)

any contract for the carrying out of construction work at or on, or the supply of goods or services in relation to, any residential property (within the meaning of the Residential Property Act 1976), which does not require the approval of the Commissioner of Building Control under the Building Control Act 1989;

(b)

any contract to the extent that —

(i)

it contains provisions under which a party undertakes to carry out construction work, or to supply goods or services, as an employee (within the meaning of the Employment Act 1968) of the party for whom the construction work is to be carried out or the goods or services are to be supplied; or

(ii)

it deals with construction work carried out outside Singapore, or goods or services supplied in relation to construction work carried out outside Singapore; (c)any terminated contract to the extent that —

(i)

the terminated contract contains provisions relating to termination that permit the respondent to suspend progress payments to the claimant until a date or the occurrence of an event specified in the contract; and

(ii)

that date has not passed or that event has not occurred;

(d)

any contract for the prefabrication, in Singapore, of components intended for construction work to be carried out on a construction site outside Singapore, where any one of the parties to the contract is not —

(i)

a body corporate incorporated under any written law in Singapore;

(ii)

a limited partnership registered under the Limited Partnerships Act 2008; or

(iii)

a person carrying on a business that is registered under the Business Names Registration Act 2014; and

(e)

such other contract or class of other contracts as may be prescribed.

Amended by47/2018

(3)

To avoid doubt, this Act —

(a)

applies to a contract that deals with the prefabrication (whether in or outside Singapore) of components that will form part of any building, structure or works, where the contract is for the supply of these prefabricated components for construction work to be carried out on a construction site in Singapore; and

(b)

does not apply to claims made between former parties to a contract in relation to any construction work that is carried out, or goods or services that are supplied, at the time of or after the termination of the contract.

Amended by47/2018

(4)

For the purpose of this section, a contract is treated as being made in writing —

(a)

if the contract is made in writing, whether or not it is signed by the parties to the contract;

(b)

if the contract is made by an exchange of written communications;

(c)

if the contract made otherwise than in writing is recorded by one of the parties to the contract, or by a third party, with the authority of the parties to the contract; or

(d)

if the parties to the contract agree otherwise than in writing by reference to terms that are in writing.

(5)

Where a contract is not wholly made in writing, the contract is treated as being made in writing for the purpose of this section if, subject to the provisions of this Act, the matter in dispute between the parties to the contract is in writing.