Singapore legislation

Regulation 6

of Building and Construction Industry Security of Payment Regulations

Regulation 6

Payment responses in relation to construction contracts

Subregulation 1

Every payment response provided in relation to a construction contract shall —

(a)

be in writing;

(b)

be addressed to the claimant;

(c)

state “nil” where the respondent does not propose to pay any part of the claimed amount and the reasons therefor; and

(d)

where the response amount is less than the claimed amount —

(i)

contain the amount that the respondent proposes to pay for each item constituting the claimed amount, the reasons for the difference in any of the items and the calculations which show how the amount that the respondent proposes to pay is derived; and

(ii)

contain any amount that is being withheld, the reason for doing so and the calculations which show how the amount being withheld is derived.

Subregulation 2

A payment response provided in relation to a construction contract may be varied only by notice in writing which satisfies the following requirements:

(a)

the notice shall be addressed to the claimant;

(b)

the notice shall identify the payment response being varied and state whether the variation would supersede or supplement the payment response;

(c)

where the variation supersedes part of the payment response, the notice shall identify the part of the payment response that is superseded; and

(d)

the variation shall conform with paragraph (1)(c) and (d) as appropriate.