# Singapore Construction Contracts — Reference

## Table of Contents
1. [PSSCOC (Public Sector Standard Conditions of Contract)](#psscoc)
2. [SIA Conditions (Singapore Institute of Architects)](#sia)
3. [Building and Construction Industry Security of Payment Act (SOP Act)](#sop-act)
4. [BCA Regulatory Framework](#bca)
5. [SIArb (Singapore Institute of Arbitrators)](#siarb)

---

## PSSCOC {#psscoc}

### Overview
- Standard form for **Singapore government projects**
- Administered by BCA (Building and Construction Authority)
- Two editions: **Construction Works** and **Design & Build**
- Employer: typically a government agency (LTA, PUB, JTC, HDB, NParks, etc.)

### Key Features
| Feature | Detail |
|---------|--------|
| Contract type | Re-measurement (Construction Works) or Lump Sum (D&B) |
| Superintending Officer (SO) | Engineer-equivalent; appointed by Employer |
| SO's authority | Acts as Employer's agent (NOT neutral like FIDIC 2017 Engineer) |
| Variations | SO may issue variation orders; valuation per contract rates or fair rates |
| EOT | Contractor must apply within 28 days of delay event |
| Liquidated damages | Specified in Contract Data; deducted from payments |
| Defects Liability Period | Typically 12 months (maintenance period) |
| Retention | 5% capped at specified limit; half released at completion, half after DLP |
| Dispute resolution | Mediation → Arbitration (SIA Arbitration Rules or SIAC) |

### Key Clauses — Construction Works Edition
| Clause | Subject | Key Points |
|--------|---------|------------|
| 2 | SO's duties | Authority from Employer; acts as agent |
| 7 | Assignment & subcontracting | Written consent required for assignment |
| 14 | Variations | SO instructs; Contractor must comply |
| 14(4) | Valuation of variations | Contract rates → fair rates → daywork |
| 20 | Possession of site | Employer grants possession per programme |
| 23 | EOT | 28-day notice requirement; SO assesses entitlement |
| 24 | Liquidated damages | Deducted per day/week of delay |
| 25 | Completion certificate | SO certifies when works substantially complete |
| 27 | Defects | Contractor must rectify during maintenance period |
| 32 | Interim payments | Monthly valuations by SO |
| 33 | Final account | Submit within period stated; SO certifies |
| 34 | Set-off | Employer may set off amounts owed |
| 37 | Determination by Employer | Listed defaults; notice required |
| 38 | Determination by Contractor | Non-payment, suspension, employer default |
| 40 | Settlement of disputes | Mediation → Arbitration |

### EOT Under PSSCOC
- **28-day notice** from commencement of delay event
- Must include: cause, expected duration, mitigation measures
- SO assesses and grants/refuses within reasonable time
- Grounds: variations, exceptionally adverse weather, employer's default, force majeure, unforeseen ground conditions (if applicable)
- **Concurrent delay**: SO may apportion — Singapore approach allows partial EOT

### Variations Under PSSCOC
- SO may instruct additions, omissions, changes
- Valuation hierarchy: contract rates → analogous rates → fair valuation → daywork
- Contractor must comply first, dispute valuation later
- No automatic entitlement to profit on variations (depends on contract)

---

## SIA Conditions {#sia}

### Overview
- Standard form for **Singapore private sector** building works
- Published by Singapore Institute of Architects
- Current edition: **SIA Conditions 9th Edition (2010)** with amendments
- Tripartite structure: Employer, Contractor, Architect (and QS)

### Key Features
| Feature | Detail |
|---------|--------|
| Contract type | Lump sum (with provisional/prime cost sums) |
| Architect | Contract administrator; certifies payments, variations, completion |
| QS role | Valuation of variations; interim and final accounts |
| Clerk of Works | Employer's site representative |
| Nominated subcontractors | Architect may nominate; Contractor must employ (with right to object) |
| Payment | Architect certifies interim payments; 30 days to pay |
| Retention | Typically 5% capped; released progressively |
| DLP | Typically 12 months |
| Dispute resolution | Mediation → Arbitration (SIA Arbitration Rules) |

### Key Clauses
| Clause | Subject | Key Points |
|--------|---------|------------|
| 1 | Definitions | Key defined terms |
| 2 | Architect's duties | Certification, instruction, supervision |
| 11 | Variations | Architect instructs; valuation by QS |
| 14 | Contract sum adjustment | Provisional sums, PC sums, prime cost |
| 23 | EOT | Written notice required; Architect certifies |
| 24 | Delay certificate & LDs | Architect issues delay certificate; LDs apply |
| 25 | Completion certificate | Architect certifies substantial completion |
| 27 | Maintenance & defects | Contractor rectifies during DLP |
| 30 | Certificates & payment | Architect certifies; Employer pays within 30 days |
| 31 | Payment terms | Interim, progress, final payments |
| 32 | Set-off and counterclaim | Employer's right to set off |
| 33 | Determination by Employer | Default, insolvency, abandonment |
| 34 | Determination by Contractor | Non-payment, employer interference |
| 37 | Arbitration | Disputes referred to arbitration |

### SIA vs PSSCOC Key Differences
| Feature | SIA | PSSCOC |
|---------|-----|--------|
| Sector | Private | Public (government) |
| Administrator | Architect | Superintending Officer |
| Payment cert | Architect certifies | SO certifies |
| Nominated subcon | Yes (extensive provisions) | Less common |
| Payment period | 30 days from certificate | Per contract terms |
| Dispute resolution | Mediation → Arbitration | Mediation → Arbitration |
| Standard of independence | Architect has dual role (employer's agent + certifier) | SO is Employer's agent |

---

## SOP Act {#sop-act}

### Building and Construction Industry Security of Payment Act (Cap. 30B)

### Purpose
- Ensures **timely payment** in the construction industry
- Creates a **right to progress payments** regardless of contract terms
- Provides **statutory adjudication** as fast-track dispute resolution for payment disputes

### Key Provisions

| Section | Subject | Key Points |
|---------|---------|------------|
| 5 | Right to progress payments | Every person who carries out construction work has a right to payment |
| 6 | Amount of progress payment | Based on contract terms; if silent, based on value of work done |
| 10 | Payment claims | Served by claimant on respondent; must state claimed amount |
| 11 | Payment responses | Respondent must serve response within 21 days (or contract period) |
| 12 | Entitlement to make adjudication application | If payment response not served, or dispute on amount |
| 13 | Adjudication application | Must be made within 7 days after entitlement arises |
| 15 | Adjudication response | Within 7 days of receiving the application |
| 17 | Determination | Adjudicator determines within 7-14 days |
| 21 | Direct payment from principal | If respondent fails to pay, claimant may seek payment from higher-tier party |
| 22 | Lien on unpaid goods | Right to lien on unfixed goods |
| 36 | No contracting out | Provisions cannot be contracted out of |

### Critical Timelines
| Action | Timeline |
|--------|----------|
| Payment claim | Per contract or monthly (last day of month) |
| Payment response | 21 days from payment claim (or contract period, whichever shorter) |
| Adjudication application | Within 7 days after entitlement arises |
| Adjudication response | 7 days from receiving application |
| Adjudicator's determination | 7 days (extendable to 14 days with consent) |
| Payment of adjudicated amount | 7 days from determination |

### Key Principles
1. **Pay first, argue later** — adjudication decisions must be complied with; challenge in court/arbitration later
2. **Cannot contract out** — any clause purporting to exclude SOP Act rights is void
3. **Repeat claims** — claimant can serve fresh payment claim for same work in next payment cycle
4. **"Smash and grab"** — if no payment response served, respondent cannot raise reasons for withholding in adjudication

### 2018 Amendments (Key Changes)
- Expanded definition of "construction work"
- Clarified cross-contract set-off limitations
- Strengthened adjudication enforcement provisions

---

## BCA Regulatory Framework {#bca}

### Building and Construction Authority
- Statutory board under Ministry of National Development
- Regulates construction industry in Singapore
- Website: https://www1.bca.gov.sg/

### Key Functions
- Building plan approval and permits
- Contractor registration (financial grading: CW01-CW02, L1-L6, A1-A2, C1-C3)
- Construction quality management (CONQUAS)
- Safety regulations (WSH Act coordination)
- Green building requirements (Green Mark scheme)
- Buildability and constructability requirements
- Procurement frameworks and standard contract forms

### BCA Official Resources & Downloads

#### Standard Contract Forms
- **PSSCOC landing page**: https://www1.bca.gov.sg/growth-and-transformation/procurement/standard-contract-forms/public-sector-standard-conditions-of-contract-psscoc/
- **PSSCOC for Construction Works 2020 (8th Ed, Jul 2020)** [PDF]: https://www1.bca.gov.sg/docs/default-source/docs-corp-procurement/psscoc-for-construction-works-2020.pdf
- **PSSCOC for Design & Build 2020 (7th Ed, Jul 2020) — List of Amendments** [PDF]: https://www1.bca.gov.sg/docs/default-source/docs-corp-procurement/list-of-amendments-psscoc-design-build-2020.pdf
- **Standard Contract Forms overview**: https://www1.bca.gov.sg/growth-and-transformation/procurement/standard-contract-forms/
- Note: PSSCOC Construction Works Cl 4.5(2) was amended on 21 June 2024 — always check the latest List of Amendments

#### Procurement Frameworks
- **Procurement main page**: https://www1.bca.gov.sg/growth-and-transformation/procurement/
- **Collaborative Contracting**: https://www1.bca.gov.sg/growth-and-transformation/procurement/progressive-procurement-approaches/collaborative-contracting/
- **Early Contractor Involvement (ECI)**: https://www1.bca.gov.sg/growth-and-transformation/procurement/progressive-procurement-approaches/early-contractor-involvement-eci/
- **NEC4 Contract launch in Singapore**: https://www1.bca.gov.sg/resources/newsroom/launch-of-nec4-contract-for-construction-and-engineering-projects-in-singapore/

#### Circulars
- **BCA Circulars page**: https://www1.bca.gov.sg/resources/circulars/
- Check for circulars on: cost-sharing schemes, material cost adjustments, ex-gratia frameworks, COVID/geopolitical disruption relief

#### Safety & Standards
- **Building Control Act**: https://www1.bca.gov.sg/safety-and-standards/building-control-act/
- **Construction Quality (CONQUAS)**: https://www1.bca.gov.sg/safety-and-standards/construction-quality/
- **Applications & Licences**: https://www1.bca.gov.sg/safety-and-standards/applications-and-licenses/

#### Growth & Transformation
- **Industry Transformation Map (ITM)**: https://www1.bca.gov.sg/growth-and-transformation/built-environment-industry-transformation-map-itm/
- **Manpower**: https://www1.bca.gov.sg/growth-and-transformation/manpower/
- **Grants & funded programmes**: https://www1.bca.gov.sg/growth-and-transformation/grants-and-funded-programmes/
- **e-Services / Key Construction Info**: https://www1.bca.gov.sg/e-services/key-construction-information/

### Contractor Registration
| Grade | Tendering Limit |
|-------|----------------|
| CW01 | Up to $325,000 |
| CW02 | Up to $650,000 |
| L1 | Up to $1.3M |
| L2 | Up to $3.25M |
| L3 | Up to $6.5M |
| L4 | Up to $13M |
| L5 | Up to $40M |
| L6 | Up to $85M |
| A1 | Up to $200M |
| A2 | Unlimited |
| C1-C3 | Civil engineering (separate grading) |

---

## SIArb {#siarb}

### Singapore Institute of Arbitrators

### Membership Pathway
| Level | Requirements |
|-------|-------------|
| Associate | Entry-level; relevant qualifications |
| Member | Entry Course + experience |
| Fellow | Fellowship Assessment Course + substantial experience |

### Entry Course
- Covers: arbitration law, procedure, evidence, drafting awards
- Assessment: written examination
- Prepares for appointment as arbitrator in construction disputes

### Fellowship Assessment Course
- Advanced: complex arbitrations, multi-party disputes, expert evidence
- Mock arbitration exercises
- Assessment: written + oral components

### SIArb Arbitration Rules
- Commonly used in Singapore construction arbitrations
- Referenced in both SIA and PSSCOC as dispute resolution mechanism
- Administered by SIArb secretariat
- Compatible with SIAC (Singapore International Arbitration Centre) for international disputes

### SMC Conflict Avoidance Board (CAB)
- Standalone rules by Singapore Mediation Centre
- Can be plugged into any contract
- 4 functions: dispute avoidance, informal assistance, mediation, determination
- Primary emphasis on **dispute avoidance** (proactive) vs FIDIC DAAB (reactive)
- Cheapest ADR mechanism available
- Combines avoidance + mediation + determination in one framework
