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Terms & Privacy

 

1. Overview of work to be undertaken

1. Overview of work to be undertaken

1.1. An itemised list of the work to be undertaken is set out in the attached document titled Estimate or Schedule of Works. The Schedule of Works has been reviewed and agreed by the Customer and the Contractor, though it is understood by both parties that certain alterations may be made as the renovations progress. Any material alteration to the Schedule of Works is to be agreed between the Customer and the Contractor, and may result in an increase or decrease of the total price set out in paragraph 2 below.

1.2. This Contract incorporates by reference the Schedule of Works, including any alterations thereto that are agreed between the Customer and the Contractor following the execution of this Contract.

1.3. It is anticipated that the Property will remain unoccupied until substantial completion of the Schedule of Works.

2. Cost of labour and materials

2. Cost of labour and materials

With respect to the work set out in the Schedule of Works, to total cost of the project is combination of material and labour cost. The total price (The Price) for the completed work is mentioned in the Schedule of Works. The Price is exclusive of VAT, as applicable.

2.1 The material cost is an estimated figure. This figure is subject to change should the Customer add, delete, change or supply any of the materials from those contemplated to be included in the Schedule of Works. If the actual cost of materials exceeds the estimated cost of materials for the Schedule of Works, the Customer will pay any additional amount for the materials contemplated to be included in the Schedule of Works. The Contractor is to use only new materials unless expressly agreed otherwise with the Customer.

2.2 Changes to the Schedule of Works, including any additional work to be completed or any reduction in the scope of work to be completed, will be dealt with as follows:

(a) If a change increases the amount of work contemplated in the Schedule or Works and the Contractor agrees to the change, the Contractor will quote a price for the extra work and time involved. The Customer will the decide whether to go ahead with the change.

(b) If a change reduces the amount of work contemplated in the Schedule of Works, the Contractor will make an appropriate reduction to the price.

2.3 The price for the work shown in the Schedule of Works, plus any increases and decreases, will be the total price.

2.4 In addition, the cost of parking and Congestion Charge for one vehicle for the Working Period, including any period in excess of the Working Period that is outside of the Contractor’s control, will be added to the bill unless previously arranged by the Customer.

2.5 All changes must be agreed in writing between the Contractor and the Customer, including their impact on the Price and the Working Period (“the Changes”). Once agreed in writing, the Changes become an integral part of the Building Contract.

2.6 The Price, the Working Period and the Schedule of Works will be automatically adjusted to reflect all Changes.

2.7 In addition, the Customer will arrange parking for one vehicle of the Contractor. Reasonable additional parking cost in the nearby meter bays would be paid by the Customer if heavy material or tools must be transported to the Property could be added to the Price.

3. Working Period

3. Working Period

3.1 The Contractor will complete the Schedule of Works within stated and agreed period of time. This period is referred to as the Working Period, being the agreed length of time for performing the Schedule of Works, from commencement to completion.

3.2 The Contractor agrees to be at the Property regularly to carry out the Schedule of Works during normal working hours throughout the Working Period.

3.3 Any additional work outside of the Schedule of Works or the Contractor’s control may extend the Working Period and thereby delay the anticipated completion date. Delays due to bad weather, Contractor illness, late deliveries and missing or broken parts are considered to be outside of the Contractor’s control. The Contractor must take precautionary measures to mitigate the extension.

3.4 Delays due to the Customer’s failure to make timely decisions are also beyond the Contractor’s control, though the Contractor will provide the Customer with adequate notice of decisions that need to be made that could otherwise cause an undue delay if not timely made.

3.5 The Contractor shall notify the Customer, in writing, as soon as possible if there may be a delay in the anticipated completion date as defined above or as amended by the Changes.

3.6 The Contractor’s hours of work will comply with any party wall awards or agreements and any noise guidelines issued by the Local Council.

3.7 Any delays or damages caused by the Customer or the Customer’s contractors (other than the Contractor) may result in a delay of the completion date and could result in additional charges by the Contractor.

3.8 At the Customer’s request, throughout the Working Period, the Contractor will schedule a weekly review of the Works, which would include a review of the progress of the works against the timeline included in the Schedule of Works and the Changes, as well as the quality of the works.

4. Payment

4. Payment

4.1 The Customer shall pay the total price for the completed work in the following installments provided that the work commences on the anticipated start date and stays substantially on track over the course of the Working Period.

4.2 In relation to the final installment payment on completion, the payment shall be due once all the work contemplated by this Contract has been inspected by both the Customer and the Contractor and both parties are satisfied that the work has been completed with reasonable skill and care and to the satisfaction of the Customer and the Contractor. In this regard, the inspection and final payment should be within fourteen (14) days of the Contractor’s notice of completion.

4.3 The payment terms could be adjusted to reflect the potential delays of the works, for reasons such as the Changes, except when the reason is outside the control of the Contractor.

4.4 Any Change impacting the Price could impact the Payment schedule above as agreed in writing.

4.5 Contractor notifying the Customer that all the works are complete. In this regard, the notification shall occur when the Contractor has properly done everything listed in the Schedule of Works (and any agreed changes thereto) and notifies the Customer in writing that all work is complete.

4.6 The Contractor will provide the Customer with the receipt for each installment payment.

4.7 If the Customer fails to comply with the terms of payment, the Contractor may suspend all works at the Property. If work is delayed by persons other than the Contractor, that should not affect the timing of the payment schedule above.

4.8 Charges for any additional work that is agreed between the Contractor and the Customer will be added to the nearest installment payment. Additional work will be charged on an hourly rate basis at £30.00 + VAT per man hour.

4.9 Charges for additional installation/modification of one electrical point of utilization is £80.00 + VAT.

5. General terms and obligations

5. General terms and obligations

5.1 The Contractor will check the levels and dimensions of the site against those shown on any drawings, such as a floor plan, and record the results in writing.

5.2 The Contractor will follow good industry practice, as defined by means standards, practices, methods and procedures conforming to the Law and the degree of skill and care, diligence, prudence and foresight which would ordinarily be expected from a skilled and experienced person or body engaged in a similar type of undertaking under the same or similar circumstances.

5.3 The Contractor will inform the design team and/or the Customer, as the case may be, of any known discrepancies discovered, and agree any adjustments required to the dimensions.

5.4 All dimensions given, whether figured or scaled, are to be physically checked on site by the Contractor prior to commencement of work. Any anomalies are to be reported to the architect and/or Customer, as the case may be, prior to the work being put in hand and ordering materials. Deviations from the drawings, if any, can be made, but only with the consent of the architect, the Customer and the building inspector, as applicable.

5.5 Any plans, specifications of materials and any future alterations are to be incorporated into this Contract and attached hereto.

5.6 Any plans supplied by the Customer that have been prepared by a professional such as a licensed architect, architectural technician or structural engineer shall comply with all current planning and building regulations. This shall not include unprofessional drawings and/or 2D and 3D designs prepared by the Customer for the purpose of conveying an idea or plan layout to the Contractor.

5.7 Any work carried out by the Contractor without professional plans shall meet or exceed current planning and building regulations requirements.

5.8 Any work undertaken by the Contractor to the structure of the Property shall be carried out under the guidance and approval of a licensed structural engineer.

5.9 The Contractor shall carry out all work in accordance with any party wall awards, agreements or requirements.

5.10 The Contractor agrees and guarantees that all work shall be carried out with reasonable care and skill and to a level that a reasonable person would expect from a competent and careful residential building contractor.

5.11 The Contractor agrees to use materials that are satisfactory quality and suitable for their intended purpose. The materials will be new unless the Customer agrees otherwise in writing.

5.12 All electrical and gas works shall be carried out be certified technicians, and the Contractor shall provide gas and electrical safety certificates for the work.

5.13 The Contractor agrees to be responsible for damage the Contractor may cause to the Property and its contents or to a neighboring property. Any damage to the Customer’s property or property of neighbors caused by the Contractor will be repaired to original standard by the Contractor unless a higher standard is required by the applicable governing law at its own cost.

5.14 The Contractor agrees to comply with health and safety laws and regulations and will take all practical steps to prevent or minimise health and safety risks to the Customer and other people visiting the Property. The Contractor is fully responsible for anything related to Health & Safety matters at the Property.

5.15 The Customer will take notice of all warnings the Contractor gives about any health and safety risks which the Contractor is taking measures to prevent or minimise and not knowingly allow people visiting the Property, particularly children, to be exposed to any dangers from the work.

5.16 The Contractor will limit the time the Property, including any materials, is exposed to external elements such as rain, snow and poor weather conditions, and any damage caused as a result of such exposure will be covered by the Contractor.

5.17 The Contractor will secure the Property and lock the doors following completion of work each day, and take practical and common-sense precautions to protect building materials and deter intruders from entering the Property.

5.18 If, during administration of the Contract or upon completion, there is a disagreement regarding the standard of work undertaken, a suitably qualified person should be sought for a third opinion (e.g., architect, structural engineer, building surveyor or inspector). The Customer agrees to meet the cost of this third party opinion. If the third party opinion finds in favour of the Customer, the Contractor, at the Contractor’s expense, will rectify any unsatisfactory work before final payment is made by the Customer, and the cost of the third party opinion will be deducted from the Customer’s final payment upon providing the Contractor with a copy of the third party’s invoice. If the third party opinion finds in favour of the Contractor, then the Customer shall make the final payment in full and assume the cost of the third party opinion.

5.19 This Contract does not rule out or limit any other legal remedies which may be available to the Contractor or the Customer.

5.20 The laws of England and Wales shall apply to this Contract.

5.21 Any amendments, alterations to price, etc. following the date of this Contract should be in writing, signed by both parties.

5.22 Any delays should also be in writing and signed by both parties.

5.23 Delays to works caused by customer, e.g. late decisions, late material supplies or specifications not provided on time, may incur additional charges.