= SINGAPORE INSTITUTE OF ARCHITECTS SIA BUILDING CONTRACT 2016 Without Quantities 1* EditionPublished by the Singapore Institute of Architects No part of this contract form may be reproduced or copied in any form or by any means without the prior written permission of the publisher. © Copyright Reserved By the Singapore Institute of Architects First Ecttion November 2016 Fist Eton (EA) July 2017,SIA Building Contract 2016 Without Quantities, 1" Bon SIA BUILDING CONTRACT 2016 Without Quantities INDEX OF ARTICLES ARTICLE PAGE 1, CONTRACTOR'S OBLIGATIONS A 2, TYPE OF CONTRACT A 3, ARCHITECT B 4, QUANTITY SURVEYOR c 5, CONSULTANTS D 6, EMPLOYER'S REPRESENTATIVE D 7. CONTRACTOR'S REPRESENTATIVE D 8 PRICES TO BE INCLUSIVE E 9, CONTRACT DOCUMENTS: E 10. _ INTERPRETATION AND CONSTRUCTION OF CONTRACT DOCUMENTS E 11, ASSIGNS E 12 APPLICABLE LAW F 13 APPROPRIATE FORUM F © Copyright by SIACLAUSE 1 © Copyright SIA Building Contract 2016 Without Quantities, 1" Bon INDEX OF CLAUSES ARCHITECT'S DIRECTIONS AND INSTRUCTIONS 1(1)(a) Contractor's Obligations 1)(6) Principal Directions 1)(6) Principal Instructions 1(2)(a) Written and Verbal Directions and Instructions 1(3) Definition of “Architect's Direction” and “Architect's Instruction’ 1(4)(a) Classification by Architect not Binding 16) No Duty on Architect 1(6) Remedy on Non-Compliance by Contractor 1(7)(a) Compensation to Contractor METHODS OF WORKING AND TEMPORARY WORKS 2(1)(a) Contractor's Principal Responsibility 212) Architect’s Power to Order Change 213)(a) Indemnity to Contractor DESIGN AND COMPLETION RESPONSIBILITIES 3(1)(a) Responsibilities 3(2)(a) Information for Original Contract Work 3(3) Information for Varied Work 3(4)(a) ‘Submittals 3(5)(a) Care of the Works 3(8) Completion Definition PROGRAMME 4(1)fa) ‘Submission of Programme 4(2)(a) Approval 4@3)(a) Disapproval MAKE-UP OF CONTRACTOR'S PRICES 5(1)(@) Rates and Prices 5(2)(a) Preliminary Items, Etc 5(3) Enforcement ADMINISTRATION 6(1)(a)__—- Method of Communication 6(2)(a) Address for Notices, Et. 6(3) Contractor's Representative 6(4) Dismissal of Persons Employed 6(5) Copies of Documents 6(6) Copies of Drawings, Ete 6(7) Documents on Site 6(8) Return of Documents 6(9)(a) Restrictions on Use 6(10) Validity of Notice or Certificate bysta PAGESIA Building Contract 2016 Without Quantities, 1" Bon CLAUSE a 10. 1. 12. 13. 14, STATUTORY OBLIGATIONS. 7) By-Laws and Regulations 72\(a) Variations 73) Fees and Charges SETTING OUT AND LEVELLING PROPOSAL 8(1)(a) Setting Out and Levelling Proposal 8(2) Commencement of Work 8(3) Errors Arising from Setting Out ACCESS FOR ARCHITECT, QUANTITY SURVEYOR AND CONSULTANTS 9(1)(a) Access for Architect, Quantity Surveyor and Consultants POSSESSION OF SITE AND COMMENCEMENT OF WORK 10(1)(a) Site Possession 10(2){a) Time of Commencement MATERIALS, GOODS AND WORKMANSHIP 11(1)(@) Quality 11(2)(a) Investigation of Defects 11(3)(a) Removal of Defective Work or Reduction of Value 114) Variations Due to Defective Work 11(5)(a)_—_No Duty of Architect or Employer VARIATIONS AND VALUATION OF ADDITIONAL PAYMENTS 12(1)(@) Power to Order and Subsequent Sanction 12(2)(a) Definition of Variation 12(3)(a) —- Measurement of Variations 12(4) Valuation of Variations 12(5)(@) Payment of Variations 12(6)(a) Loss of Profitin Valuation CONTRACT SUM AND SCHEDULE OF RATES AND PRICES 13(1) All Inclusive Nature 13(2)(a) Contractual Effect of Schedule of Works, DISCREPANCY OR DIVERGENCE 14(1) Discrepancy or Divergence 14(2)(a)_—_ Direction or Instruction as Contract Intention 14(3) Total Ambiguity © Copyright by SIA PAGE 9 9 10 10 10 10 "1 "1 " " " " 12 12 12 12 13 13 13 4 14 14 18 18 7 18 19 19 19 19 19 19 19SIA Building Contract 2016 Without Quantities, 1" Bon CLAUSE 15. 16. 7. 18. 19. 20. 21. 22. ASSIGNMENT AND SUB-CONTRACTING 15(1)(@) Assignment by Contractor 15(2)(a) _Sub-Contractors 15(3)(a) Responsibilities for Sub-Contractors PLANT AND MATERIALS 16(1)(a)_ Plant 16(2)(a) Materials and Goods 16(3)(a) Removal 16(4)(a) ‘Hired or Hire Purchase Plant 16(5) Assignment of Benefit of Agreements ARTISTS, TRADESMEN AND OTHER CONTRACTORS 171) Contractor's Responsibilities 1712) Limitation 17(3) Employer's Responsibility 174) Term of Co-Operation INDEMNITIES TO EMPLOYER 18(1)(a) Personal Injuries 38(2){a) Damage to Property 18(){a)___ Employer's Negligence INSURANCE AGAINST INJURY TO PERSONS AND PROPERTY AND WORK INJURY COMPENSATION 19(1)(@) Contractor's Obtigation 19(1)(b) Personal Injuries, Death and Work Injury Compensation 19(1)(c) Damage to Property 19(1)(@) Insurance Policy by Sub-Contractor 19(2)(@) Damage to Property when Contractor not Negligent 19(2)(b) Contractor's Insurance 19(2)(c)_—_ Placing of Insurance 19(3)(@) Default in Insurance INSURANCE OF WORKS 20(1)(a) Risks to be Insured 20(2) General Policy of Insurance 20(3)(a) Application of Insurance Monies DUE DILIGENCE BY CONTRACTOR 24(1) Due Diligence by Contractor TIME FOR COMPLETION 22(1) Date of Completion 22(2)(a) Completion Certification © Copyright by SIA PAGE 20 20 20 20 20 20 21 21 21 21 22 22 22 22 22 22 22 22 23 23 23 23 23 24 24 24 24 24 25 25 25 25 26 26 26 26 27CLAUSE 23. 24, 25. 26. 27. 28. SIA Building Contract 2016 Without Quantities, 1" Bon 2218) Periods to be Certified 22(4) Post Certificate 22(5) Outstanding Works 22(6) Content in Completion Certificate EXTENSION OF TIME 23(1)(a) Entitlement 23(2) Grounds 23(3)(a) Notice 23(4)(a) Request for Information 235) Time for Extension 23(8) ‘Sequential and Concurrent Causes of Delay DELAY IN COMPLETION AND LIQUIDATED DAMAGES 24(1)(a) Delay Cerificate 24(2)(a) —_—_Liquidated Damages 24(3)(a) ‘Termination of Delay Certificate 24(4) Effect of Further Delay Certificate PHASED OR STAGE COMPLETION: SEVERABILITY 25(1) Phased or Stage Commencement and Completion 25(2) ‘Separate and Distinct Contract PARTIAL OCCUPATION AND PARTIAL RE-ENTRY 26(1)(a)___ Employer's Options 26(2)(a) Occupation of Part with Consent 26(3)(a) Occupation of Part without Consent 26(4)(a)_ Certification 26(5)(a) Certification under Partial Re-Entry MAINTENANCE 27(1)(a)___- Maintenance Period 27(2)(a)___ Schedule of Defects 27(3)(a) Additional Powers of Architect and Allowance for Detect 27(4)(a) Maintenance Certificate DESIGNATED AND NOMINATED SUB-CONTRACTORS AND SUPPLIERS 28(1)(a) Definitions 28(2)(a) Scope of Work 28(3)(a) Responsibilities 28(4)(a) Termination of Sub-Contract 28(5)(a) Payment for Work by Contractor under Provisional and Contingency Sum 28(6)(a) Payment for Work by Nominated Sub-Contractors or Suppliers. 28(7)(a) Payment for Work by Designated Sub-Contractors or Suppliers 28(8) Interim Payment © Copyright by SIA PAGE 27 27 27 27 28 28 28 29 29 30 30 30 30 30 31 32 32 32 32 32 32 33 33 33, 34 34 34 35 35 36 36 36 36 37 37 38 38 39 39SIA Building Contract 2016 Without Quantities, 1" Bon CLAUSE 29. 30. 31. 32, 33, 34, NOMINATION AND RIGHTS OF OBJECTION 29(1)(a)_ Nomination and Rights of Objection 29(2) Rights of Objections to Nomination 29(3)(a) Powers following Objection 29(3)(b) Alternative for Objection to Nomination 29(4) Valid Objection Defined PAYMENT OF NOMINATED SUB-CONTRACTORS AND SUPPLIERS 30(1)(a) Payment of Nominated Sub-Contractors and Suppliers PAYMENT OF CONTRACTOR AND INTERIM CERTIFICATES: 31(1)(a) Contractual Payment Scheme 31(2)(a) Interim Valuation 31(3)(a)_ Milestone Payments 31(4) Correcting Earlier Certificates 31(5)(a) Sums to be Certified 31(6)(a)__Retention Moni 31(7)(a)__First Release of Retention Monies 31(8)(a) ‘Second Release of Retention Monies 31(9)(a)_ Final Account Claim 31(10)(a)_Issue of the Final Certificate 31(11)(a) Effect of Architect's Certificate 31(12) Limit on Certifying Power ‘TERMINATION BY EMPLOYER 32(1)(a) Termination without Default 32(2)(a) Termination for Default 32(3) Grounds of Termination for Default 32(4)(a) Termination Certificate 32(5)(a) Damages Contractor's Only Remedy 32(6)(a) Suspension of Termination Certificate 32(7)(a) Termination on Insolvency of Contractor 32(8)(a) —_ Effects of Termination 32(9)(a) Employer may Elect to Abandon Project 32(10)(a) Powers on Rescission by Employer 32(11) Architect's Cerificate Not Binding 32(12) Employer's Right to Remedies and Damages ‘TERMINATION AND SUSPENSION BY CONTRACTOR 33(1) Grounds 33(2)(a) Contents of and Time for Contractor's Notice 33(3)(a) _Effect of Notice 33(4)(a) Power to Suspend Work 33(5) No Power of Architect to Certity OUTBREAK OF WAR OR HOSTILITIES 34(1)(a)_——Termination 34(2)(a) Protective Works, Etc. 34(3)(a) Payment © Copyright by SIA PAGE 39 39 40 41 41 4a a 41 42 42 42 43 44 44 44 44 45 45 45, 46 468 468 46 47 47 49 49 49 50 50 54. 54 54 54. 54. 54 55 55 56 57 87 57 87 57SIA Building Contract 2016 Without Quantities, 1" Bon CLAUSE 35. 36 37. 39, 40. at. 42. WAR DAMAGE 35(1)a) Consequences 35(2)(a) Termination 35(3) Compensation Monies 35(4) Definition of War Damage ANTIQUITIES 36(1)(a) Responsibilities of Contractor 36(2)(a) Compensation to Contractor ARBITRATION 37(1)(a)__Disputes to be Referred 37(2) Arbitrator’s Power to Restity Contract 37(3)(a)__Restrictions on Powers of Arbitrator 37(4) ‘Arbitrator to be bound 37(5)(a)__- Same Arbitrator as Nominated Sub-Contract Disputes 37(6)(a) Arbitration Clause may Lapse if not Same Arbitrator 37(7)(a)__ Limitation of Actions 37(8) Refusal of Stay by Courts 37(9) Application of Clauses 37(5) and 37(6) to Matters in Dispute MEDIATION 38(1)(a) Entitlement 38(2) Refer to Arbitration EXPERT DETERMINATION 39(1)(a) Expert Determination STATUTORY ADJUDICATION UNDER SOP ACT 40(1) Timelines 40(2) Payment Claim 40(3) Payment Response 40(4) Amount Claimable 40(5) Due Date OPTIONAL CLAUSE FOR FLUCTUATIONS 41(1) Application 41(2)(a)_—_Adjustment of the Contract Sum 41(3)(@)— Payment for Fluctuation OPTIONAL CLAUSE FOR PERMITTING INSURANCE EXCESS 42(1) Application 42(2) Compliance and Discretion 42(3) Release of Insurance Money © Copyright by SIA PAGE 58 58 58 58 59 59 59 60 60 60 60 61 61 62 63. 63 63 64 64 64 64 64 64 64 64 64 65 65 66 66 66 66 66 66 66 67SIA Building Contract 2016 Without Quantities, 1" Bon CLAUSE PAGE APPENDIX 68 © Copyright by SIA viii