[Sent on 17 Feb 2022] End of Relief Period under Part 2 and | BCA Singapore
[Sent on 17 Feb 2022] End of Relief Period under Part 2 and Part 8B of the COVID-19 (Temporary Measures) Act (COTMA) for Relevant Contracts in the Built Environment Sector
Part 2 – Protection against inability to fulfil contract obligations due to COVID-19 Contracting parties must serve a Notification for Relief (NFR) on or before 28 Feb 2022 for a defence to a claim against a breach of contract. Protection can be for any inability due to COVID-19 that occurs between 1 Feb 2020 and 28 Feb 2022 (both dates inclusive). Protection from liquidated damages arising from delays caused by COVID-19 is valid beyond 28 Feb 2022, provided a NFR has been served.
Part 8B – Additional non-manpower related prolongation cost due to COVID-19 delays To claim cost-sharing of qualifying costs arising from delays caused by COVID-19 during the period from 7 Apr 2020 to 28 Feb 2022, contractors should include the item in their regular payment claims as soon as reasonably practicable.
Part 10A – Relief for increase in foreign manpower salary cost Contractors may seek a determination from an Assessor for the increase in foreign manpower salary costs of Work Permit Holders due to COVID-19 during the period from 1 Oct 2020 to 31 Mar 2022. An application for an Assessor’s determination should be made before 31 May 2022.
The reliefs related to the BE sector under COTMA are meant to be time-limited. We urge contract parties to agree on mutually beneficial arrangements for their contracts and to deepen partnerships, so as to ensure business sustainability and resiliency of the BE sector in the long-term.
For more details, visit: BCA Circular
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