TERMS AND CONDITIONS OF ENGAGEMENT   
 
Application and entire agreement
1. These standard terms and conditions apply to the provision of the services detailed in our quotation (Services) by Alderton Associates Limited a company registered in England and Wales under number 05225545 whose registered office is 3 Brassie Wood, Chelmsford, CM3 3FP (we or us or Service Provider) to the person buying the services (you or Customer or Client). 
2. You are deemed to have accepted these terms and conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these terms and conditions and our quotation (the Contract) are the entire agreement between us. 
3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These terms and conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. 

Identities of Contracting Parties
4. You are entering into a contract with Alderton Associates Limited. Apart from the liability of Alderton Associates Limited as a firm, no personal responsibility is accepted by any of the shareholders, directors or employees of the firm and no personal duty of care or other personal contractual obligation is accepted.

Interpretation

5. A "business day" means any day other than a Saturday, Sunday or bank holiday in England and Wales.
6. The headings in these terms and conditions are for convenience only and do not affect their interpretation. 
7. Words importing the singular number shall include the plural and vice-versa.

Services
8. We warrant that we will use reasonable skill and care in our performance of the Services which will comply with the quotation issued by us to you, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or health and safety requirement, and we will notify you if this is necessary.
9. We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation, however, any such dates shall be estimates only and time shall not be of the essence for the purposes of this Contract.
10. All of these terms and conditions apply to the supply of any goods as well as the carrying out of the Services unless we specify otherwise.
11. We are registered with the Royal Institution of Chartered Surveyors (RICS) and are Regulated by RICS. We undertake to comply with the RICS Rules for Firms and Rules for Members. 
12. Where appointments of specialist consultants are made on behalf of the Client, we will act as your agent only and the Client shall be deemed to have appointed the specialist consultant directly. These fees will be charged as a disbursement.

Your obligations
13. You must obtain any permissions, consents, licences or otherwise that we need and must give us access to any and all relevant information, materials, properties and any other matters which we need to provide the Services and you shall warrant and represent to us the accuracy of all such information, materials, and properties provided to us and acknowledge that we will rely upon the accuracy of such information, materials and properties. 
14. If you do not comply with clause 13, we may suspend performance of the Services and/or terminate our engagement under the Contract in accordance with clause 45. 
15. Notwithstanding clause 9 we are not liable for any delay or failure to provide the Services if this is caused by your failure to
comply with the provisions of this section or any act or omission of the Client under the Contract (Your obligations). 
16. You shall at your own expense supply us with all necessary documents or other materials, and all necessary data or other information relating to the Services, within sufficient time to enable us to provide the Services in accordance with the Contract. The Client warrants and represents the accuracy of all such necessary documents or other materials and acknowledges that we will rely upon the accuracy of such documents or other materials. 
 

Fees
17. Subject to clause 22 the fees for the Services are set out in the quotation and are calculated on a fixed fee, time and materials basis and shall be paid in accordance with Schedule 1 (the Fees) and the fees payable to us shall be the amount stated in the quotation provided to the Client.
18. In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services. 
19. Site visits that are essential to perform the Services will be included within the fixed price or percentage fee. Site visits beyond these will be charged for at the relevant hourly rate plus mileage at £0.50 per mile. If any further office time is required as a result of additional site visits, then this time will be charged accordingly. This additional cost will be itemised in your invoices. 
20. We have included within our fee proposal the issue of as many copies of the plans or documents as necessary to apply for any statutory approvals. We shall provide you with any/all plans in PDF form by email. Paper copies of plans and documents can be supplied and will be charged on a pro rata rate. This additional cost will be itemized in your invoice. 
21. Fees are inclusive of reasonable levels of postage, but we reserve the right to charge for additional costs for special delivery, courier or similar at the cost incurred by us. 
22. You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable hourly rate in effect at the time of performance or such other rate as may be notified to you from time-to-time.

23. The Client undertakes to make direct payment to the respective authorities for the total cost of all applications fees (application fees) for statutory matters including but not limited to planning and building regulations. We will only make payment for application fees on the Client’s behalf where we are in receipt of cleared funds to the required level, prior to us making the application. 
24. All fees quoted or otherwise payable are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority, and which will be added in accordance with current legislation. 
25. Payments may be made where a third-party referral agreement is in place.
26. Where fees are taken in advance these do not constitute client money and therefore such a payment is not subject to the rules of the RICS Client Money Protection Scheme.

Cancellation and amendment
27. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 30 days from the date of the quotation.
28. Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.
29. If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you. 
30. If, due to circumstances beyond our control, including those set out in clause 31 (Circumstances beyond a party's control), we have to make any change to the Services or how they are provided, we will notify you within 10 days of becoming aware of the requirement to change the Services. We will use reasonable endeavours to keep any such changes to a minimum. 
31. If the Client sells suspends or abandons the project to which the Services relate following the commencement of the Services then our appointment may be suspended or terminated on the expiry of not less than 14 days’ written notice. Upon suspension or termination, we will be entitled to a payment in respect of the Services that have been rendered up to the time that the said notice expires on a pro rata or quantum meruit basis at our option. In addition to the above, we will be entitled to be reimbursed for all expenses and disbursements incurred or to be incurred or obligations entered into or to be entered into in connection with the performance of the Services and to a further payment representing our loss of profit on the remaining Services due to have been performed under the Contract as notified by us to you within 14 days of the date of the suspension or termination.  
32. We shall be entitled to terminate our obligations to perform the Services by giving written notice to the Client should the Client default in its obligations under the Contract. If our appointment is terminated pursuant to this clause we shall be entitled to a payment from the Client calculated on the basis set out in clause 31. Termination shall be without prejudice to any other rights and remedies of the parties pursuant to this Contract. 
33. We reserve the right to suspend performance of the Services where fees are outstanding beyond the agreed terms set out in the Contract. 

Payment
34. Subject to the provisions set out in Schedule 1 we will invoice you for payment of the Fees either:

a. when we have completed the Services; or b. on the invoice dates set out in the quotation.
35. All work will be subject to VAT at the rate applicable at the time of invoicing. 
36. Time for payment shall be of the essence of the Contract.
37. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 8% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full. If you are a business then interest and penalties will be applied as per the Late Payment of Commercial Debts (Interest) Act 1998 and subsequent regulations.
38. All payments due under these Terms and Conditions must be made in full without deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
39. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you. 
40. Receipts for payment will be issued by us only at your request.
41. All payments must be made in British Pounds unless otherwise agreed in writing between us.  
42. When settling our fee account, payments should be sent to our office account:

PAYMENTS BY BACS
Bank:                20-19-95
Sort Code:       50084905
Account:          Alderton Associates Ltd
Please use the invoice number as the payment reference on any BACS payments made.

PAYMENTS BY CHEQUE
Made payable to Alderton Associates Limited
Please forward any cheques to 3 Brassie Wood, Chelmsford, CM3 3FP
Please write the invoice number on the reverse of all cheques. 

Sub-Contracting and assignment
43. We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under the Contract and can subcontract or delegate in any manner any or all of our obligations and/or the Services to any third party.
44. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under the Contract. 

Termination
45. We can terminate the provision of the Services immediately if you:
a. commit a material breach of your obligations under the Contract; or b. fail to pay any amount due under the Contract on the due date for payment; or c. are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or 
d. enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement
is made with its creditors; or e. convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge
holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition
presented to any court for your winding up or for the granting of an administration order in respect of you, or any
proceedings are commenced relating to your insolvency or possible insolvency. 
 

Liability and indemnity
46. Subject to clause 47, clause 48 and clause 50 our total liability under the Contract, in breach of statutory duty, in tort (including negligence), in contract, and in misrepresentation or otherwise, shall be limited to the sum equal to the Fees payable by you to us under the Contract.
47. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under the Contract for:
a. any indirect, special or consequential loss, damage, costs, or expenses or; 
b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business
interruption; or, other third-party claims; or c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or d. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or e. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services. 
48. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees. 
49. Nothing in the Contract shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraud or fraudulent misrepresentation, or for breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession, or for any other matters for which it would be unlawful to exclude or limit liability). 
50. Unless otherwise agreed in writing our liability shall be limited to three years from completion of the Services. 
51. Our liability under this Contract shall only extend to that sum which it would be just and equitable to be liable for and you acknowledge and agree that you have entered into agreements with any other consultants or contractors engaged on the project on broadly similar terms to this Contract.   
 

Circumstances beyond a party's control
52. Neither of us is liable for any failure, delay or restriction in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, viruses (including a pandemic) and any public health measures or guidance issued in connection with any viruses, toxic mould, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate our engagement under this Contract.
 

Collateral Warranty
53. Where we are asked to enter into collateral warranty agreements in favour of a third party, not a party to this Contract, we will do so, subject to our insurers’ approval, as soon as reasonably practicable. Our provision a collateral warranty will be subject to negotiation of the terms of the collateral warranty and to payment of any additional fee we require in consideration for the provision of the collateral warranty. The additional fee is to be agreed based upon the specific detail of each collateral warranty arrangement save that we shall never be required to provide more than two collateral warranties under this Contract. 
 

Intellectual Property Rights and use of drawings and documents
54. We shall own all Intellectual Property Rights in the drawings, documents and such other work produced in performing the Services (including material in electronic format) and assert our moral rights to be identified as the author of all such work.
55. We grant to the Client a licence to copy and use the drawings and documents for the purposes of receiving and using the Services and only in connection with the Project. Such drawings and documents may not be used for reproduction of the design for any part of any extension of the Project and/or for any other project except with our prior written consent. 
56. The Client shall not sub-license, assign or otherwise transfer the rights granted in clause 55 without our prior written consent. If the drawings and documents are used by third parties for any reason, with or without our consent we shall not be responsible for any of the information contained therein. 
57. If at any time the Client is in default of payment of Fees or other amounts due under the Contract, the licence granted under clause 55 shall cease immediately and automatically. Use of the licence may be resumed on our receipt of such outstanding payments. 
58. No part of any design which we have carried out or has been carried out on our behalf may be registered by the Client without our prior written consent. 
 

Data Protection
59. When supplying the Services to the Client, we may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Client.
60. The parties agree that where such processing of personal data takes place, the Client shall be the 'data controller' and we shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.

61.For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have thesame meaning as in the GDPR.
62. We shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these terms and conditions or as requested by and agreed with the Client, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.
63. We shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict 'need-to-know' basis and only under the same (or more extensive) conditions as set out in these terms and conditions
or to the extent required by applicable legislation and/or regulations.
64. We shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by us on behalf of the Client.
65. We reserve the right to utilise any non-sensitive commercial information regarding a project or works for marketing purposes both on and offline unless expressly agreed in advance.
66. You consent to our destroying any files and documents if at some future date we convert these items into some appropriate electronic form. We will in any event destroy files once 12 years have passed since the completion of the contract.
67. Further information about our approach to data protection are specified in its Data Protection Policy, which can be found on our website. For any enquiries or complaints regarding data privacy, you can contact a Director at the following e-mail address: info@aldertonassociates.co.uk 
 

Marketing
68. We may contact you in the future in relation to the service, which we offer. Unless we hear from you to the contrary, we will assume that you have no objection to this. 
69. Any material generated within the course of carrying out the Services may be reproduced freely and at no cost to us or our agents in connection with the practice and any or all marketing activity. All material shall be deemed free of copyright or other encumbrance, and we shall not be held liable for any claim or liability arising from such use. 
70. Unless we hear from you to the contrary, acceptance of our quotation includes your consent for us to utilise any material collated as part of the Services or in connection with the Contract (including but not limited to photographs) in our marketing activities, both printed and electronic (including social media). Where at all possible, such material will be presented with anonymity to the Client, but the ability to offer this anonymity will be subject to the content of the individual material.  
 

Communications
71. All notices under this Contract must be in writing and sent to the respective parties address as set out in clause 76 or in the quotation or by email to the respective party’s email address set out in clause 76 or in the quotation. 
72. Notices shall be deemed to have been duly given:
a. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business
hours of the recipient;
b. when sent, if transmitted by email and a successful transmission report or return receipt is generated;
c. on the fifth business day following mailing, if mailed by national ordinary mail; or on the tenth business day
following mailing, if mailed by airmail.

 

No waiver
73. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
 

Severance
74. If one or more of the terms of the Contract is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of the terms of the Contract (which will remain valid and enforceable). 
 

Law and jurisdiction
75. This Contract between the parties shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Contract (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
76. Alderton Associates Limited a company registered in England and Wales under number 05225545 whose registered office is 3 Brassie Wood, Chelmsford, CM3 3FP and whose email address is james@aldertonassociates.co.uk 
Royal Institution of Chartered Surveyors (RICS)
77. We are regulated by RICS for the provision of surveying services (Firm registration number 038441). This means we agree to uphold the RICS Rules of Conduct for Firms and all other applicable mandatory professional practice requirements of RICS, which can be found at www.rics.org. 
78. As an RICS regulated firm we have committed to cooperating with RICS in ensuring compliance with its standards. The firm’s nominated RICS Responsible Person is Mr James Sharkey BSc (Hons) MRICS, Director.
79. As an RICS regulated firm our files may be subject to monitoring and will need to be provided to RICS upon request.

80. We have in place a Complaints Handling Procedure, which meets our regulatory requirements. Our complaints handling procedure has two stages as set out below. Stage one of the complaints handling procedure gives us the opportunity to review and consider your complaint in full. We will try to resolve your complaint to your satisfaction. If you are not satisfied with our response, you may notify us of your intention to refer the complaint to stage two of the Complaints Handling Procedure. Stage two gives you the opportunity to have your complaint reviewed and considered by an independent redress provider, approved and appointed by RICS.
Stage One
Informal Stage – you shall raise your complaint with your direct contact. By talking initially to your contact responsible for your grievance, you will be in contact with the person who will immediately understand the nature of your complaint. Most problems are dealt with at this level and brought to a satisfactory conclusion. If you have spoken to us about your complaint, please also put the details of your complaint in writing. We ask that you put your complaint in writing to make sure that we have a full understanding of the reasons for your complaint, and that it is being properly addressed. Please send your written complaint
to:

Mr James Sharkey, Alderton Associates Ltd, 3 Brassie Wood, Chelmsford, CM3 3FP 
Tel: 01245 460222 Email: james@aldertonassociates.co.uk

You will receive a written response within ten working days of us receiving your complaint. If you ask us to deal with an issue that does not fall within our complaints procedure, we will let you know what other options may be available to you.

Stage Two
If the parties are unable to agree on how to resolve your complaint then you have the opportunity to take your complaint to an independent redress provider, as appointed and approved by the RICS Regulatory Board. We have chosen to use the following redress providers: the Centre for Effective Dispute Resolution (CEDR) 70 Fleet Street London EC4Y 1EU Telephone: 020 75366060 
 

Dealing with Others
Planning Authority Local Authority Dealings
81. We cannot guarantee that, Planning, Listed Building, Conservation Area Consent/approval will be achieved on any project and do not accept any liability for failure to procure the same.
82. There are occasions where a client’s specific requirements are at variance with national policy, or planning and design policy in a particular area, and subsequent amendments have been necessary following the submission of the scheme to the Local Authority, or indeed another application may need to be submitted.
83. We shall use our reasonable endeavours to avoid failure to procure planning, listed building, conservation area consent or approval at design stage and shall use reasonable endeavours to advise you when we anticipate difficulties in procuring such consents may arise. We do, subject to clause 22, reserve the right to charge for any additional services carried out in amending or redrawing the applications or proposals for the granting of such consents. 
84. We would draw your attention to the fact that Local Authorities now request a large volume of supporting documents to be submitted with planning applications, the exact extent of this information is subject to both National and Local requirements; but is also subject to the demands of Planning Authorities and officers that differ across local planning authorities. We cannot guarantee that we will know which supporting documents or information requirements a relevant local planning authority requires at the time an application is submitted.
85. We may from time to time suggest that we do not procure a specific document until the application has been submitted and an items necessity negotiated with the relevant local planning officer to avoid the cost to the project where practicable and possible.
86. There are times when we will advise clients to undertake pre-consultation with the local planning authority. However, there are a number of local planning authorities who charge for pre-application advice and at times waiting lists of 1-8 weeks to obtain such advice, dependant on policies and staffing levels of the relevant local planning authority.
87. We shall liaise with other consultants to assist in obtaining supporting documentation but cannot be held responsible for the time and extent that gathering such information may entail. The Client should note that the local planning authority will not validate a planning application until all supporting documentation that it considers is required has been received by the local planning authority, together with payment of the application fee which is to be paid directly by the Client unless otherwise agreed in writing.
88. For some projects we may recommend the appointment of a planning consultant to deal with specific planning policy issues.
This may include time to be incurred by us in liaising with and supporting the planning consultant to act on your behalf. 
 

Planning Inspectorate Dealings
89. Where it becomes necessary to appeal a planning or listed building consent decision, we shall advise you of the likely implications and, subject to clause 22, shall charge for the time to prepare any appeal and the supporting documents and statements necessary to submit, together with any correspondence required during the appeal. Subject to clause 22 charges for planning appeals or on an hourly basis as timescales would be an unknown.
Building Regulation and other Statutory Approvals
90. We cannot guarantee that Building Regulations approval (and/or the approval of the Building Safety Regulator) will be simply achieved. It should be noted that additional costs may be incurred negotiating and signing off against the Building Regulations and shall be payable by the Client in accordance with clause 22.
91. We have experience constructing buildings in many sectors and working with and anticipating the likely difficulties a project may encounter. We note that the Building Regulations and other statutory regulations are open to interpretation by each officer. Policy and regulation changes can affect the final outcome of a project, as well as the constraints of the building, environment, site conditions, statutory providers, and other consultants’ input.
92. It should be noted where dealing with the refurbishment, extension and alteration of existing buildings, that there can be many factors which can develop during the course of a project which would require additional detailing, or changes to the specification and detailing initially envisaged. 
93. We regularly carry out a programme of CPD to keep up with changes in regulations, British Standards and manufacturers’ specification requirements for the products we use and specify. From time-to-time regulations and standards change and are updated during the course of the design process, and our technical drawings may need to be updated to suit changing standards. We reserve the right to recover from you, in accordance with clause 22, such additional costs we incur as a result of changes in regulations, British Standards and manufacturers’ specification requirements for the products we use and specify. 
94. Unless otherwise stated in our quotation we have not made any express or implied provision within our fee proposal for soil investigation, soil testing, CDM or Party Wall services, Structural, Electrical or Mechanical design, nor have we allowed to prepare building condition surveys. 
95. We shall use reasonable endeavours to assist you in preparing detailed plans and/or drawings which will be prepared to obtain Building Regulation approval. This will not constitute a full construction issue drawing package or setting-out information and by accepting our terms and conditions you expressly agree not to use or issue them in this manner. We will not be held liable for any use of our detailed plans or drawings beyond the purpose for which they were initially prepared.  
96. We shall carry out or procure the carrying out of a dimensional survey noting any trees that are within your site boundaries and where reasonably possible within the immediate area. You shall advise us of any trees that have been removed within 40 meters of the proposed project, especially if these would have existed outside your boundary (where we cannot reasonably be expected to estimate there starting location). You shall mark up a plan (which we can supply on request) showing the species and height of the trees. If this is not possible, we will discuss the requirement for an arboricultural survey and/or a structural engineer's inspection to be paid for by you - which may result in soil investigation being required.  
97. Where a planning application or listed building application is submitted, we will record the date that the application was approved, as for the purposes of planning and listed building consent compliance is fixed against planning regulations in force
at the date of approval and not the date of submission. 
98. Where a Building Regulation application is submitted, we shall record the date that the Signed Initial Notice was issued to the
Local Authority, as for the purposes of regulatory compliance the regulations against which the project is assessed against are
based on the date that the Signed Initial Notice was delivered to the Local Authority. 
99. We shall also record receipt of payment of the Building Regulation application fee from the Local Authority. This is important
where new regulations are released during a project. New Building Regulations are typically subject to transitional periods prior to taking effect, but in certain cases Building Regulations are issued without any transitional period and will need to be complied with.  
100. We shall obtain a quote and/or quotes for the Building Regulation application during preparation of Stage 4 design information. We shall use the Plan Check and Inspection Fee route. The Client shall pay the Plan Check Fee on delivery of the Signed Initial Notice. The Inspection Fee shall be paid by the Client on the date of the first Inspection on site by the Building Control Officer. 
101. The parties acknowledge and agree that the works shall not start on site until at least 5 days after Signing of the Initial Notice and Payment of the Fee.  
102. The parties acknowledge and agree that the Building Control Office shall require at least 2 weeks to plan check drawings prior to works starting on site for small projects and that the plan check period shall be longer for medium scale and larger scale projects. This is due to consultations that the Building Control Officer shall require with other officers such as Highways, Fire Authority and the Police. 
103. The parties acknowledge and agree that we shall not use the Building Notice application route whereby one lump sum fee is payable upon works commencing on site, without submission and plan checking of drawings beforehand as this can result in increased costs to clients. 
104. The Client shall use reasonable endeavours to construct on the basis of as drawn plans and shall not vary materials or details on site as this may have an effect on the design or calculations produced and invalidate insurances.  

Asbestos
105. We are not qualified to comment on or make recommendations in respect of asbestos.
106. It is incumbent upon owners of commercial buildings under the Control of Asbestos at Work Regulations 2012 to have had an asbestos survey carried out by a competent person and to hold an asbestos report within the building. You shall procure a copy of the asbestos report before commencing work on site. In the event that you do not have an asbestos report the Client procure that a survey is carried out and that a copy of the resultant report is provided before commencing work.
107. For reasons of insurance, we are not able to make recommendations in respect of asbestos consultants or asbestos contractors. We can, on request, provide lists of specialist asbestos consultants and asbestos contractors but the list is provided without any actual or implied recommendation.
108. We are unable to appoint asbestos consultants or asbestos contractors as sub-contractors and such specialist must be employed directly by you.
109. If the Client is an owner of a residential property where asbestos contamination is a possibility the Client shall be required to obtain an asbestos survey and report prior to our commencement of work on site. 
  
Schedule 1
 
1.1  We shall submit an invoice for each instalment of our costs, together with any supporting documents that are reasonably necessary to check the invoice, not more frequently than monthly.  The invoice and supporting documents shall specify the sum that we consider will become due on the payment due date in respect of the instalment of the costs, and the basis on which that sum is calculated.  Invoices shall comply with Regulations 13 and 14 of the Value Added Tax Regulations 1995 (SI 2518) and shall be supported by all such documents vouchers and receipts as may be necessary for computing and verifying them. 

1.2 Payment shall be due on the date you receive each invoice. 

1.3 No later than five days after payment becomes due, you shall notify us of the sum that you consider to have been due at the payment due date in respect of the payment and the basis on which that sum is calculated.  

1.4 The final date for payment shall be 14 days after the date on which payment becomes due. 

1.5 Unless you have served a notice under paragraph 1.6, you shall pay us the sum referred to in your notice under paragraph 1.3 (or, if you have not served notice under paragraph 1.3, the sum referred to in the invoice referred to in paragraph 1.1) (the notified sum) on or before the final date for payment of each invoice.

1.6 Not less than two days before the final date for payment (in this paragraph 1, the prescribed period), you may give us notice that you intend to pay less than the notified sum (in this paragraph 1, a pay less notice).  Any pay less notice shall specify:
(a) the sum that you consider to be due on the date the notice is served; and 
(b) the basis on which that sum is calculated. 
 
1.7 
If: (a) you fail to pay in full the notified sum to us under the Contract by the final date for payment under paragraph 1.4 of this Schedule; and (b) you have not given a pay less notice complying with paragraph 1.6, we may suspend the performance of any or all of our Services and other obligations under this Contract by giving not less
than seven days' notice to you of our intention to do so and stating the ground or grounds on which we intend to suspend unless you make payment in full of the amount due and any period during which performance is validly suspended under this paragraph shall be disregarded in computing the time taken by you to complete any of the Services affected by the
suspension. 
 
 

Reviewed 01.04.2025