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Public Sector Standard Conditions of Contract for Construction Works 2005  $117.70 

A Commentary 

By Philip Chan Chuen Fye

As the amendments found in the 2005 edition are basically there to address the requirements of the Building and Construction Industry Security of Payment Act 2004, it is important to understand the Act and its objectives especially the intended relationship between the statutory payment scheme and the contractual payment scheme which parties may agree to.

The Act is copied from the New South Wales' Act of the same name with some fundamental differences.  While the author's stand based on a reading on the Singapore Act as compared with the New South Wales' Act is that the statutory payment scheme cannot be activated on its own, the alternative view which is accepted by the Building and Construction Authority (BCA) suggests otherwise.  Hence this stand accepted by the BCA appears to have influenced the drafting of the PSSCOD 2005.  Therefore, it is expressly provided that the Contractor is to submit a Payment Claim under Clause 32.1 in order to start the payment scheme whereas my comments at the relevant places have indicated that a Payment Claim may be submitted in accordance with its definition given by section 2 of the Act which, inter alia, requires the Payment to contain the Claimed Amount which includes a claim for interest in respect of the unpaid amount of a progress payment thereby indicating that a Payment Claim can only be submitted when there is a failure to pay in respect of a progress payment.  Accordingly, the author submits that a Payment Claim can be made only when the Contractor is entitled to payment and was not paid an amount which he is entitled by the due date of payment.


  1. Definitions and Interpretation; 
  2. Superintending Officer and Superintending Officer's Representative; 
  3. Contract Documents; 
  4. General Obligations of the Contractor; 
  5. Sub-surface and Ground Condition; 
  6. Permanent Works Designed by the Contractor; 
  7. Notices and Fees; 
  8. Setting Out; 
  9. Programme for the Works; 
  10. Quality in Construction; 
  11. Administration; 
  12. Possession of the Site and Commencement of Works; 
  13. Suspension; 
  14. Time for Completion;
  15. Expediting Progress of Works; 
  16. Liquidated Damages; 
  17. Substantial Completion; 
  18. Defects; 
  19. Variations to the Works; 
  20. Valuation of Variations; 
  21. Measurement; 
  22. Claims for Loss and Expense; 
  23. Procedure for Claims; 
  24. Construction Equipment,
  25. Temporary Works; 
  26. General Responsibilities; 
  27. Indemnity Provisions; 
  28. Insurance for Personal Injury;
  29. Workmen's Compensation and Property Damage; 
  30. Insurance of the Works; 
  31. Damage to Property of Employer or Government; 
  32. Assignment and Subcontracting; 
  33. Termination by the Employer; 
  34. Progress Payment and Final Account; 
  35. Final Completion Certificate; 
  36. Settlement of Disputes; 
  37. Recovery by the Employer; 
  38. Governing Law & Notice. 
  39. Option Modules; 
  40. Supplement;  Index.

Publisher:  LexisNexis Singapore
ISBN/ISSN:  981236501X
Binding:  Paperback
Pages:  308

All prices are in SingDollars. Prices are subject to change without prior notice. Overseas' orders, please email, fax or call us for packing & postage charges unless otherwise stated.
This product was added to our catalog on Saturday 11 November, 2006.
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