Singapore legislation
Clause 3
of Building and Construction Industry Security of Payment (Amendment) Bill
Clause 3
Amendment of section 4
Section 4 of the principal Act is amended —
by deleting the word “and” at the end of subsection (2)(b)(ii);
by deleting paragraph (c) of subsection (2) and substituting the following paragraphs:“(c)any terminated contract to the extent that —
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
that date has not passed or that event has not occurred;
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 —
a body corporate incorporated under any written law in Singapore;
a limited partnership registered under the Limited Partnerships Act (Cap. 163B); or
a person carrying on a business that is registered under the Business Names Registration Act 2014 (Act 29 of 2014); and
such other contract or class of other contracts as may be prescribed.”; and
by inserting, immediately after subsection (2), the following subsection:“(2A) To avoid doubt, this Act —
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
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.”.