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Standard Conditions of Nominated Sub-Contract

(Fifth Edition December 2008)

List of Amendments
Standard Conditions of Nominated Sub-Contract (SCNSC)
(Fifth Edition December 2008)

List of Amendments

SCNSC SCNSC
(Fourth Ed Mar 2005) (Fifth Ed Dec 2008)

Sub-Contractor's Liability under Incorporated Sub-Contractor's Liability under Incorporated


Provisions of the Main Contract Provisions of the Main Contract

5 The Sub-Contractor shall: 5 The Sub-Contractor shall:

(a) observe, perform and comply with all the (a) observe, perform and comply with all the
provisions of the Main Contract on the part provisions of the Main Contract on the part
of the Contractor to be observed, performed of the Contractor to be observed, performed
and complied with so far as they relate and and complied with so far as they relate and
apply to the Sub-Contract Works (or any apply to the Sub-Contract Works (or any
phase or part of the same) and are not phase or part of the same) and are not
repugnant to or inconsistent with the express repugnant to or inconsistent with the express
provisions of the Sub-Contract as if all the provisions of the Sub-Contract as if all the
same were severally set out herein, and same were severally set out herein, and

(b) indemnify and save harmless the Contractor, (b) indemnify and save harmless the Contractor,
against and from: against and from:

i) any breach, non-observance or non- i) any breach, non-observance or non-


performance by the Sub-Contractor, his performance by the Sub-Contractor, his
servants or agents of the provisions of servants or agents of the provisions of
the Main Contract or any of them; and the Main Contract or any of them; and

ii) any act or omission of the Sub- ii) any act or omission of the Sub-
Contractor, his servants or agents which Contractor, his servants or agents which
involves the Contractor in any liability involves the Contractor in any liability
to the Employer under the Main to the Employer under the Main
Contract; and Contract; and

iii) any loss, expense, costs, damages, iii) any loss, expense, costs, damages,
liability or claim due to or resulting liability or claim due to or resulting
from any negligence or breach of duty from any negligence or breach of duty
on the part of the Sub-Contractor, his on the part of the Sub-Contractor, his
servants or agents (including any servants or agents (including any
wrongful use by him or them of the wrongful use by him or them of the
scaffolding, hoisting facilities and any scaffolding, hoisting facilities and any
other means of access referred to in other means of access referred to in
Clause 13 of the Sub-Contract or other Clause 13 of the Sub-Contract or other
property belonging to or provided by property belonging to or provided by
the Contractor); and the Contractor); and

iv) any loss or damage resulting from any iv) any loss or damage resulting from any
claim under the common law or any claim under the common law or any
statute in force for the time being by an statute in force for the time being by an
employee of the Sub-Contractor in employee of the Sub-Contractor in
respect of personal injury arising out of respect of personal injury arising out of
or in the course of his employment. or in the course of his employment.

List of amendments/1
SCNSC SCNSC
(Fourth Ed Mar 2005) (Fifth Ed Dec 2008)

Provided that nothing in the Sub-Contract contained (c) observe, perform and comply with the
shall impose any liability on the Sub-Contractor in directions and requirements of the
respect of any negligence or breach of duty due Contractor with respect to the
solely to any act or omission on the part of the deployment of personnel registered under
Employer, the Contractor, his other Sub-Contractors the Construction Registration of
or their respective servants or agents nor create any Tradesmen scheme as prescribed in the
privity of contract between the Sub-Contractor and Building Control (Licensing of Builders)
the Employer or any other Sub-Contractor. Regulations such that the said directions
and requirements shall always be
reasonable in proportion to the value of
Sub-Contract vis--vis the value of the
Main Contract.

Provided that nothing in the Sub-Contract contained


shall impose any liability on the Sub-Contractor in
respect of any negligence or breach of duty due solely
to any act or omission on the part of the Employer, the
Contractor, his other Sub-Contractors or their
respective servants or agents nor create any privity of
contract between the Sub-Contractor and the
Employer or any other Sub-Contractor.

Security Deposit Security Deposit

7 (1) The Sub-Contractor shall within 7 days 7 (1) The Sub-Contractor shall within 7 days
from the receipt of the Sub-Contract Letter from the receipt of the Sub-Contract Letter
of Acceptance deposit with the Contractor of Acceptance or such other longer period
an amount specified in the Appendix as a as may be prescribed by the Employer in
bond (hereinafter called "the Security the Appendix, deposit with the Contractor
Deposit for Sub-Contract") for the due an amount specified in the Appendix as a
performance and observance by the Sub- bond (hereinafter called "the Security
Contractor of all the stipulations, Deposit for Sub-Contract") for the due
conditions and agreements herein performance and observance by the Sub-
contained. The Security Deposit for Sub- Contractor of all the stipulations, conditions
Contract shall be by way of a and agreements herein contained. The
banker's/insurer's guarantee in the form Security Deposit for Sub-Contract shall be
prescribed by the Superintending Officer. by way of a guarantee from a Monetary
The Sub-Contractor may, at his discretion, Authority of Singapore (MAS)-bank or
elect to furnish the Security Deposit for MAS-approved insurance company and
Sub-Contract in cash instead. All cash in the form prescribed by the
received by the Contractor pursuant to this Superintending Officer. The Sub-Contractor
clause shall be held in a separate bank may, at his discretion, elect to furnish the
account on trust for the Sub-Contractor. Security Deposit for Sub-Contract in cash
instead. All cash received by the Contractor
pursuant to this clause shall be held in a
separate bank account on trust for the Sub-
Contractor.

(2) The Security Deposit for Sub-Contract (2) The Security Deposit for Sub-Contract shall
shall be released or paid as the case may be be released or paid as the case may be to the
to the Sub-Contractor at the end of the Sub-Contractor at the end of the Defects
Defects Liability Period or when all Liability Period or when all shrinkages,
shrinkages, defects and other faults in the defects and other faults in the Sub-Contract
Sub-Contract Works which the Contractor Works which the Contractor shall be liable
shall be liable to make good under the to make good under the Main Contract shall
Main Contract shall be made good by the be made good by the Sub-Contractor in

List of amendments/2
SCNSC SCNSC
(Fourth Ed Mar 2005) (Fifth Ed Dec 2008)
Sub-Contractor in accordance with the Sub- accordance with the Sub-Contract
Contract whichever is the later. whichever is the later.

(3) The Contractor shall be entitled to set off (3) The Contractor shall be entitled to set off
against the Security Deposit for Sub- against the Security Deposit for Sub-
Contract any sums or losses incurred by Contract any sums or losses incurred by him
him on account of the Sub-Contractor's on account of the Sub-Contractor's failure to
failure to perform or observe any of the perform or observe any of the stipulations,
stipulations, conditions and agreements conditions and agreements herein contained.
herein contained.

Settlement of Disputes Settlement of Disputes

31 (5) An arbitrator appointed pursuant to this 31 (5) An arbitrator appointed pursuant to this
Clause shall have like powers to an Clause shall have like powers to an
arbitrator appointed under Clause 34 of the arbitrator appointed under Clause 35 of the
Main Contract. Main Contract.

Building and Construction Industry Security of Building and Construction Industry Security of
Payment Act 2004 Payment Act

{Affected clauses/sub-clauses are not shown here but


will be incorporated in the Standard Conditions.}

APPENDIX APPENDIX

SECURITY DEPOSIT 7(1) SECURITY DEPOSIT 7(1)

Number of days to deposit after the Sub-Contract


Letter of Acceptance (7 days if none stated)

Amount

List of amendments/3

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