08 Apr Building Agreement Singapore
26.3.17 In Singapore, professional organizations such as SIA and ACES have published standard form agreements that architects and engineers can present to the person involving them. Commitment contracts can also be developed specifically or adapted to standard form agreements. A contract could only stipulate that the terms of the undertaking must be “in accordance” with the standard agreement of the relevant professional organisation: Soon Nam Co Ltd v Archynamics Architects [1978-1979] SLR 123. The Construction Contract Committee oversees ASA construction contracts, deals with issues and participates in dialogues/meetings with relevant parties/agencies regarding work contracts, and encourages awareness and understanding of AIS construction contracts for AIS members, allied experts and the public. 26.2.15 In addition to written documents, an explicit term is also included in diagrams and plans. In Sheng Siong Supermarket Pte Ltd/Carilla Pte Ltd  4 SLR 1094, a dispute anted as to whether the lease was conditional on the granting of the authorization to use premises as a supermarket. 26.1.3 In addition to contract law, the Offences Act also has a significant impact on the rights and commitments of the parties in the construction industry. 26.2.2 In the traditional contract system, the owner or developer of a proposed project first entrusts the management of the contract to someone. In the case of a construction project, it is usually the architect. Other experts such as the volume surveyor, statistician and machinery and electrical engineers are named. Contracts are made between the employer and these advisors.
Popular standard contracts for the appointment of: 26.1.1 Singapore`s construction law share common jurisdiction with the equivalent in other Common Law jurisdictions. Contracts between participants in the construction and construction industry are generally standard. 26.3.2 Singapore Architects are regulated by the Architects Act, Cape 12, While the Architectural Act does not define who an architect is, “architectural services” are defined as s 2 (b) to include the sale or delivery for profit or reward of any architectural plan, design, tracing or other for the construction, extension or modification of a building or part of it. 26.5.9 In addition, extrinsic evidence of verbal security contracts subject to (b) s 94 of the Evidence Act is admissible if its terms are not inconsistent with the conditions set out in the main agreement. 26.5.15 In a decision described as a “management decision” by the Court of Appeal, Judith Prakash J stated that in a revealed principal situation, Prosperland (a condominium developer) was entitled to sue the contractor (Civic) and the architects (the defendant) for substantial damages, although Prosperland did not suffer any prejudice as a result of the infringement: Prosperland Pte Ltd/Civic Construction Pte Ltd  4 SLR (R) 129;  SGHC 157 (HC).