- Our main obligation – to do the work
We will carry out the work
- With reasonable care and skill;
- Within a reasonable time;
- Keep to all legal requirements applicable in the course of carrying out the work provided you have told us in writing about any such requirements;
- At the end of the contract, as long as you pay all amounts due, we will give you any necessary and agreed guarantees, test certificates and so on which apply to the work. You should keep these in a safe place in a safe place in case you need them in the future.
- Your main obligation – to pay
You will pay us the price quoted in the following manner:
2.1 Payment will be due before the work commences
or if otherwise agreed
2.2 Interim payments are to be made in accordance with any payment schedule which is agreed
You must pay by or on the date stated or agreed or ascertainable herein
2.3 Final Payment
If applicable, once the works are complete, you must pay us any amounts owing (i.e. completing the payment for the works in full) within 5 days of receiving the final bill.
You must pay us interest at 8% per annum on any amounts overdue from the date when payment is due to the date of final payment
- Starting the work, length of the work and the site
We will start the work on the start date agreed
You must make the site available to us on the start date and for the time it takes to carry out the work
- Access and permissions
You must ensure that we have sufficient access to the site and keep the site clear of all obstructions in order that we can properly carry out the work.
Unless we agree otherwise in writing, you must get all required forms of permission before we start the work and keep any conditions in relation to the work (including paying any relevant fees).
If you break this clause (for example, by failing to ensure access or freedom from obstructions) you must pay us any losses and damages we occasion, including for the payment of wages and costs thrown away, which losses and damages may amount to £1,000 per day.
When the work is completed, whoever is responsible for obtaining building regulations approval or planning permission is also responsible for getting formal written confirmation that the work meets those regulations or permissions.
- Materials or goods
6.1 Any materials or goods we supply will be:
- of satisfactory quality;
- of the description stated on any drawings and specification as far as reasonably practicable;
- of the appropriate standard and codes of practise, in force at the date of placing the order; and
- fit for normal purposes.
6.2 We will obtain any materials or goods you ask us to, as long as the are available, within a reasonable period. If those materials are of a higher value than those included in our price, a reasonable revised price will be paid by you.
6.3 We will not be liable for:
- the quality of any materials or goods you provide; or
- the fitness for purpose of any materials or goods you provide.
If, instead of any normal purposes, you have told us about a special purpose for any materials or goods you must confirm this in writing within 14 days.
- Who owns materials or goods
We will own any materials or goods obtained by us for use at the site until you have paid us in full under this contract.
- Responsibility for the documents
8.1 You are responsible for making sure the details shown in the documents:
- accord with all legal requirements (including planning and building regulations); and
- are fit for the intended purpose.
Accordingly we are not responsible for the details shown in the documents being fit or suitable for the intended purposes.
- Responsibility for loss and damage and insurance
Existing structures and contents
- You are responsible for any loss or and damage to any existing structures and contents, unless it falls within our obligations in this contract;
Evidence of insurance
- You must take out and keep an adequate insurance policy for your liability under these conditions. We will be entitled to see this policy.
Existing structures and contents
- We will only be responsible for any loss of and damage to any existing structures and contents if the loss and damage is caused by our negligence or by the negligence of any person for whom we are responsible. If part of the loss and damage is caused by someone else, we will only pay a share commensurate with our fault.
- We will be responsible for any loss of and damage as regards the work until practical completion or cessation of our employment with you whichever happens first.
- Liability for personal Injury
You will be responsible for personal injury, or death caused by your negligence or the negligence of any person for whom you are responsible.
- Liability for damage to any property or another person
We will accept liability for loss of or damage to any property of another person caused by our negligence of any person for whom we are responsible.
You must immediately let the insurers know about any claims. You and we must keep to the terms and exclusions of any insurance policy. If you or we fail to do this, the insurance may no longer be valid.
- Supplying Services
You agree to provide toilet and washing facilities, water, electricity and storage space.
- Limits on how and when the site can be used
You are not putting any limits on how or when the site can be used.
- Changing the Work
If you want to change the work you must notify us of this in writing: and do so within 7 days of your first telling us. In default we will not be responsible for any aspect of the work changed;
We will then adjust the price accordingly.
Written agreement as to changes should be sought by you beforehand, if possible, or if not then later written agreement, and in any case referring to any priced documents. We will charge a reasonable amount for the work done or goods supplied.
Every change involving extra or revised work may involve extra cost to you.
- Unexpected Work
If unexpected work arises, we will tell you and ask how you want us to go ahead.
- Our employees, subcontractor or trades men
You may not use or instruct our employees, subcontractors or tradesmen. If you do, you will have to pay us as if we had carried the work out.
- Health and Safety
We will be principally responsible for the health and safety of our workers conducting our work under this contract.
- Delay or Disruption
If the work is delayed or lasts longer than expected for any reason, we may in our reasonable discretion increase the price proportionately unless we are solely responsible for such delay.
- Your right to end this contract
Without affecting your other legal rights and remedies, you can end this contract in one (or more) of the following circumstances.
- If, without reasonable cause we stop work for 42 days in a row: and
- You send us a written notice, telling us to restart work or work steadily and we do not do this within
14 days of receiving your notice.
- If we become bankrupt.
- If we go into liquidation.
- Our Right to Suspend or end this contract
20.1 Without affecting our legal rights and remedies, we can end all or suspend all or part of our obligation under the contract in one (or more) of the following circumstances:
- If you fail promptly to pay any amount due irrespective of the reason for such failure.
- If you, or anyone you employ or your agent, interfere with or obstruct the work or fail to make the site available for us without good reason.
- If the work is delayed due to your fault for more than 7 days in a row.
20.2 In the event of cessation of the contract before completion of the work we will be forthwith entitled to:
- Quantum meruit
- All relevant payments under this agreement; and
- Any reasonable costs and any reasonable losses we suffer (including loss of profit involved in or resulting from ending all or suspending all or part of our obligations under the contract including costs or losses arising after cessation).
20.3 Our right to suspend performance ends when you pay the amount due in full unless in the meantime we have ended our obligations under the contract.
However, you can still use all your legal rights and remedies.
You and we agree the terms of this contract, signing this contract will mean that you and we have various legal obligations to each other. This contract is only for the benefit of you and us, and no one else. The Contracts (Rights of Third Parties) Act 1999 does not apply to this contract.
These signatures confirm all party’s agreement to the terms and conditions detailed above.
Your Signature (first Client) ………………………………………… Date:…………………………………………
Your Signature (Second Client) …………………………………… Date:…………………………………………
(You should include the property owner. If the property is jointly owned, you should all sign this contract)