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COVID-19 (Temporary Measures) Act (COTMA) Part 10A Application

Background

After construction works resumed in August 2020, construction projects continue to face challenges due to manpower shortages and increases in manpower cost as a result of tightened border control measures, including quotas that limit the inflow of migrant workers. Construction contracts signed before the onset of manpower cost increase would not have catered such increase in foreign manpower salary costs.

To ensure that everyone along the value chain steps up to co-share the increased costs, Part 10A of the COVID-19 (Temporary) Measures Act (“COTMA”) was passed in the Parliament in May 2021 to facilitate sharing of the increase in foreign manpower costs between project parties.


Relief available to contractors

Contract parties are encouraged to discuss and arrive at an amicable outcome to share the burden of increased manpower costs. However, if the contract parties are unable to reach an amicable outcome, COTMA Part 10A (which commenced on 06 August 2021) allows contractors in eligible contracts to apply to an independent Assessor. The Assessor has the power to adjust the contract sum of eligible construction contracts taken into consideration of the increase in foreign manpower salary cost incurred anytime during the period from 01 October 2020 to 31 December 2021 (both dates inclusive). Contractors must show proof of reasonable attempts to negotiate with their clients before they can apply to an Assessor. 


Application Fee

An application fee is payable, based on the increase in the amount of foreign manpower salary costs incurred by a party of a construction contract at any time between 01 October 2020 and 31 December 2021 ("the claimed costs increase").

The claimed costs increase = [the amount of foreign manpower salary costs incurred because of a COVID-19 event] - [the amount of foreign manpower salary costs that would have been incurred in a circumstance without such a COVID-19 event]

Please refer to this table to ascertain the fee payable for your application.


Who are the Assessors

Part 10A Assessors are experienced professionals with at least 10 years of working experience in or relating to the building and construction industry in Singapore.


Application to an Assessor for a determination to adjust the contract sum

Contractors can follow the steps below to submit the application to a Part 10A Assessor. You are strongly advised to read the Guide on Part 10A before you make an application.

Step 1
Check that you have made reasonable attempts to negotiate with your clients. Allow your clients time to consider your proposal to share the burden of foreign manpower salary costs increase already incurred from 1 Oct 2020 so far.

Step 2
If mutual agreement cannot be reached, inform your client that you may apply for an Assessor to seek a determination to adjust the contract sum. This is to allow your client a final opportunity to negotiate before the application.

Step 3
Complete and submit Form A: FORM A - APPLICATION FOR DETERMINATION BY ASSESSOR. Form A will be routed to the Part 10A Registrar upon completion.

Documents required to be attached together with Form A are as follows:

  1. Relevant contract documents showing parties of the contract, date of award, terms etc. including project information;
  2. Documentary proof of “the claimed costs increase” and attempts made to negotiate.
  3. Applicant's Claimed Costs Breakdown Form (Note: Applicant should download this form in advance to prepare the necessary inputs and gathering of documentary proof such as payslips and deployment records).

Step 4
If the application is in order, Part 10A Registrar will inform you through an email notification. Within 2 working days from the receipt of the email notification from Part 10A Registrar, you have to serve the following documents via email (or via post, if unable to send via email):

  1. a copy of the Form A submitted to Part 10A Registrar (accompanying with the relevant contract documents and supporting documentary proof);
  2. the email notification from Part 10A Registrar that the application is in order;
  3. a copy of FORM D - RESPONSE TO APPLICATION FOR DETERMINATION or the electronic location of Form D

To the following parties (where applicable):

  1. your client that has engaged you to provide construction works;
  2. your guarantor or surety, or who has issued any performance bond or equivalent to you in relation to your construction contract; and
  3. any assignee of any other party to the construction contract.

Step 5
Within 2 working days after the service of documents in Step 4 to the relevant parties, submit FORM C - DECLARATION OF SERVICE to the Part 10A Registrar.

Step 6
If Step 4 and 5 are followed and in order, Part 10A Registrar will inform you the application fee including any GST if applicable and provide you the procedure to make the payment.

Step 7
Upon receipt of the application fee payment, Part 10A Registrar will send a notice of the appointment of a Part 10A assessor to you, and inform the date and place for the hearing if applicable. Please note that the application fee is not refundable even if you withdraw the application subsequently.

Step 8
The Part 10A assessor will contact you to obtain more information if required, and provide a written determination on the adjustment of contract sum in due course.


 

If your contractor has submitted an application to a Part 10A Assessor

You may still put up your case if you have received a notification that your contractor has made an application to seek a determination to adjust contract sum from a Part 10A Assessor.

Within 5 working dates after you have received the documents from your contractor, you can submit FORM D - RESPONSE TO APPLICATION FOR DETERMINATION (attached with any relevant documents) to the Part 10A Registrar and serve the Form D to the following parties (where applicable) via email (or via post, if unable to send via email):

  1. the applicant (i.e. your contractor)
  2. every other party to the construction contract in question
  3. your contractor’s guarantor or surety, or who has issued any performance bond or equivalent to the contractor in relation to your construction contract
  4. any assignee of any other party to the construction contract


Full List of Forms for Part 10A (only to be submitted when applicable)

It is important that you use the correct form link to apply. Otherwise, the Registry may not receive your submission. If you are acting on behalf of an entity that is a party to the contract, you should submit the applicable form(s) via CorpPass.

If you are an individual who is a party to the contract, you should submit the relevant forms via SingPass. To register for a SingPass or CorpPass, please visit https://www.singpass.gov.sg or https://www.corppass.gov.sg, respectively.

Applicable Forms under Part 10A 

Via CorpPass
(If you are acting on behalf of an entity that is a party to the contract)

Via SingPass
(If you are an individual who is a party to the contract)

FORM A - APPLICATION FOR DETERMINATION BY ASSESSOR
Complete Applicant's Claimed Costs Breakdown Form and submit together with Form A.
Link Link
FORM B - WITHDRAWAL OF APPLICATION FOR DETERMINATION 
Download
FORM C – DECLARATION OF SERVICE
Link
Link
FORM D - RESPONSE TO APPLICATION FOR DETERMINATION
Link
Link
FORM E - APPLICATION TO SET ASIDE DISMISSAL OR DETERMINATION
Link
Link
FORM F - OPPOSITION TO APPLICATION FOR SETTING ASIDE DISMISSAL OR DETERMINATION
Link
Link
FORM G - APPLICATION TO CORRECT ERROR IN DETERMINATION
Link
Link
FORM H - APPLICATION FOR SUBSEQUENT DETERMINATION
Link
Link
FORM I - RESPONSE TO APPLICATION FOR SUBSEQUENT DETERMINATION
Link
Link


Public Sector Approach

Public sector approach for Part 10A / 华文版


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