Can a contract avoid SOPA or use a pay-when-paid clause?
No. The Act applies despite any contrary contract term, and any provision that excludes, modifies, restricts or deters the use of the Act is void under section 36. Pay-when-paid provisions, which make payment conditional on the payer being paid by someone else, are unenforceable under section 9. Parties can still set their own claim dates, response periods within the statutory caps, and payment terms within the 35-day limit.
From the RRD Field Guide, checked against the sources cited in Security of Payment Act (SOPA) Singapore: Progress Payments and Adjudication for Owners and Contractors. General information, not advice for your project.
The fuller picture
Singapore's Security of Payment Act gives anyone who does construction work or supplies goods or services under a written contract a statutory right to progress payment. The claimant serves a payment claim; the respondent must reply with a payment response within the contract period (maximum 21 days) or 14 days; unresolved disputes go to fast adjudication at the Singapore Mediation Centre, enforceable as a court judgment.
More questions on this topic
- Does SOPA apply to my renovation or fit-out contract?
- What happens if the owner does not send a payment response?
- How long does SOPA adjudication take?
- How much does adjudication cost?
- Can the contractor stop work if it is not paid?
- Can an owner challenge an adjudication determination?
- Is a WhatsApp or email agreement a written contract for SOPA?