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What is the SOP Act? The Building and Construction Industry Security of Payment (SOP) Act came into operation on 1 April 2005. The Act aims to improve cash-flow in the built environment sector by giving parties the right to seek progress payment for work done.
The Building and Construction Industry Security of Payment (SOP) Act aims to improve cash-flow of the construction industry by (i) providing a statutory right to payment and (ii) establishing adjudication as a speedy and low-cost payment dispute resolution mechanism.
This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021. An Act to facilitate payments for construction work done or for related goods or services supplied in the building and construction industry, and for matters connected therewith.
Security of Payment Act Flowchart * Important: The flowchart does not cover all situations and details of the Building and Construction Industry Security of Payment Act. For full appreciation of the rights and obligations, please consult the Act or obtain legal advice.
Effect of “pay when paid provisions”. 9.—. (1) A pay when paid provision of a contract is unenforceable and has no effect in relation to any payment for construction work carried out or undertaken to be carried out, or for goods or services supplied or undertaken to be supplied, under the contract. (2) In this section —.
10.—. (1) A claimant may serve one payment claim in respect of a progress payment on —. ( a) one or more other persons who, under the contract concerned, is or may be liable to make the payment; or. ( b) any other person specified in or identified in accordance with the terms of the contract for this purpose.
Dec 1, 2019 · Security of Payment Act seeks to affirm parties’ entitlement to payment for work done pursuant to a construction contract. Beyond this, the Act also provides claimants with a binding enforcement mechanism to obtain payment for an ongoing or completed project – a process known as adjudication.
B. ENACTMENT OF THE SOP ACT 5 In Singapore the SOP Act was enacted on 16 November 2004 but came into force only on 1 April 2005. While the Singapore SOP Act was modelled substantially on the New South Wales legislation of the same name, it included additional features which are still considered to be novel. C. RECEPTION 1. Effect of the SOP Act
the Court of Appeal rejected the Appellant’s argument that the 2019 amendments, in particular Section 17(2A) of the SOP Act, was merely declaratory of the pre-existing position, and “simply clarified but did not change the legal position under the pre-amendment SOPA”.
The Building and Construction Industry Security of Payment Act has been around for 12 years. It facilitates payments for construction work done and for related goods/services supplied. Some contractors have used the Act to successfully claim for payment; others are still being been caught off-guard by
