Terms and Conditions for Commercial Clients

The Services

In providing the Services we will exercise reasonable skill and care. We will not make any material changes to the Services or the agreed design except in an emergency nor subcontract any of the Services without your consent.

You must abide by the Construction Design and Management Regulations 2015 which places duties on all construction clients. Please follow the link below to download an explanatory leaflet from the Health and Safety Executive.

http://www.hse.gov.uk/pubns/indg411.pdf

Where there is more than one contractor (counting all trades such as bricklayer, electrician, plumber, roofer, plaster etc.), you must appoint a designer with control over the pre-construction phase as Principal Designer and a contractor with control over the construction phase as Principal Contractor.

These appointments must be made as soon as practicable and before the construction phase begins. If you fail to make these appointments, then you will be legally liable for their duties and will be deemed to be carrying them out.

When the extent of any work affecting the common wall with the adjoining property is determined, we can discuss the application of the Party Wall Act. Please note that it may be necessary to appoint a party wall surveyor if your neighbour objects to the work.

If it becomes necessary to vary the Services or to appoint other consultants, we will let you know and we can discuss how to proceed.

We own the copyright in the drawings and documents that we produce for your project and we generally assert our moral rights to be identified as author of that work under the Copyright, Designs and Patents Act 1988 but subject to payment of fees and/or other amounts properly due, you may copy and use those drawings and documents for purposes related to your project only. Your right to copy and use does not extend to any future purchaser, leaseholder or tenant of your property without our prior agreement.

Fees and expenses

Our estimated fees are indicated on our fee proposal and unless indicated otherwise include our expenses.

You can find out how we calculated our fees and our current rates on our fees page.

We may ask you to send us payment for the fees payable to the local authority or approved inspector before making Planning or Building Regulations applications or alternatively you may pay their fee directly.

On some projects we may request an advanced payment before work commences.

You will be billed on a monthly basis or on completion of each work stage, whichever is sooner. Invoices will include any fees and expenses due and any disbursements less any amounts previously paid, and stating the basis of calculation of the amounts due. Payment is to be made within 14 days of the date of issue of the relevant invoice. VAT is not chargeable on our accounts as we are not registered, but if this changes we will let you know.

Please note that if payment of any sums properly due, is not made within 14 days of the date of issue of the relevant monthly account, the Late Payment of Commercial Debts (Interest) Act 1988 will apply simple interest at 8% per year over the dealing rate of the Bank of England Rate current at the date that payment becomes overdue together with reasonable debt recovery costs will be payable and we may give at least seven days’ written notice of our intention to suspend use of the copyright licence and to begin court proceedings.

Liability and insurance

Our liability to you will expire after six years from completion of the services or, if earlier, after practical completion of the construction of the project or such earlier date as prescribed by law.

We agreed that our maximum liability to you for loss or damage will be limited to £500,000 for any one claim.

We should be pleased to provide documentary evidence of the insurance, if required.

Disputes

We aim to provide a professional standard of service, but if at any time you are not satisfied, please bring the issue to our attention as soon as possible and we can discuss how to resolve the issue. We hope that we will be able to settle the matter by negotiation or mediation. Alternatively, either of us can start court proceedings to settle the dispute at any time.

Right to cancel

You may suspend or end performance of any or all of the Services and other obligations by giving at least seven days’ written notice and stating the reason for doing so.

We may suspend or end performance of any or all of the Services and other obligations by giving at least seven days’ written notice and stating the ground or grounds on which it is intended to do so. Such ground or grounds include, but are not limited to the Client’s failure to pay any fees or other amounts due by the final date for payment.

If the reason for a notice of suspension arises from a default:

  • which is remedied, the Consultant shall resume performance of the Services and other obligations within a reasonable period; or
  • which is not remedied by the defaulting party the Agreement will end by giving at least seven days’ further written notice.

Where Services are suspended by either party and not resumed within three months, the Consultant has the right to treat performance of the Services affected as ended on giving at least seven days’ further written notice to the Client.

You may have to pay any fees and expenses properly due before the notice of cancellation is received, if you instructed performance of any services in writing before you signed the contract or if any services have proceeded after signing the contract.

Last updated: 26 July 2016

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