Singapore legislation
Clause 4
of Building and Construction Industry Security of Payment Bill
Clause 4
Application of Act
(1)
Subject to subsection (2), this Act shall apply to any contract that is made in writing on or after the date of commencement of this Act, whether or not the contract is expressed to be governed by the law of Singapore.
(2)
This Act shall not apply to —
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 (Cap. 274)), which do not require the approval of the Commissioner of Building Control under the Building Control Act (Cap. 29);
any contract to the extent that —
it contains provisions under which a party undertakes to carry out construction work, or supply goods or services, as an employee (within the meaning of the Employment Act (Cap. 91)) of the party for whom the construction work is to be carried out or the goods or services are to be supplied; or
it deals with construction work carried out outside Singapore, or goods or services supplied in relation to construction work carried out outside Singapore; and
such contract or class of contracts as may be prescribed.
(3)
For the purpose of this section, a contract shall be treated as being made in writing —
if the contract is made in writing, whether or not it is signed by the parties thereto;
if the contract is made by an exchange of communications in writing;
if the contract made otherwise than in writing is recorded by one of the parties thereto, or by a third party, with the authority of the parties thereto; or
if the parties to the contract agree otherwise than in writing by reference to terms which are in writing.
(4)
Where a contract is not wholly made in writing, the contract shall be 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 thereto is in writing.