Strucutral Repairs Terms and Conditions

Structural Repairs - Terms & Conditions:
1.Contractors’ obligations
1.1 Structural Repair Solutions LTD shall carry out and complete the Work in accordance with the Contract Documents:
1.2 With reasonable care and skill and to a reasonable standard.
1.3 By the end of the work period (as extended by condition 14) but this term does not make time of the essence.
1.4 Comply with all legal and statutory requirements.
1.5 SRS LTD will endeavour to protect existing surfaces with the use of dustsheets and loose plastic sheeting etc along with care in our working practice. However, responsibility for protection from damage of any existing surface or fabrics etc is the responsibility of the client. Arrangement can be made to put in place protection of existing surfaces, over and above our basic cover, at a negotiated additional cost. 1.6 We strongly recommend the clients moves any expensive or sentimental items before work commences. If we are required to move furniture to undertake our work, we will not be held responsible for any breakages or stains that may occur. We advise clients to keep all valuables and expensive items safe and secure for the duration of the works, as we cannot be held liable for any theft or loss.
1.7 No responsibility is taken by Structural Repair Solutions LTD for the presence of perished or rotten materials in existing structures such as doors, walls, lintels, roof structures, windows, and frames whether detected or undetected at the time of contract.
1.8 Structural Repair Solutions LTD expressly reserves the right to adjust the charges quoted to the Customer at any time before submitting his invoice for payment to take into consideration any increase in the cost of material arising as a result of any circumstances beyond Structural Repair Solutions LTD’s control.
1.9 Unless specifically mentioned, no provision is made for repair of plastering beneath papered, tiled, or any other material to walls or ceiling surfaces, as it is assumed that such plastering is in good condition, and is suitable to take treatment specified. Similarly, the costs of the repairs and renewals of any defects which are not visible at the time of inspection / estimating will be chargeable to the Customer, unless allowance for such items is specifically included in the estimate / quotation.
1.10 Structural Repair Solutions LTD shall provide a quotation/s for any additional work/s requested by the client, Structural Repair Solutions LTD will not undertake these works until such time that written confirmation is received from the client.
1.11 Where additional Works require immediate attention, for the avoidance of doubt these include but are not limited to, emergency Works, that are required to be remedied / repaired or renewed to avoid further damage or compromise to the structure, or any aspects of Works which require attention to avoid any delays to Structural Repair Solutions LTD’s programmed of Works, the Customer authorises 1.12 Structural Repair Solutions LTD to proceed with immediate effect, (without the need for Structural Repair Solutions LTD to initially provide a quotation and receiving confirmation in writing by the Customer) to address the necessary Works, and to charge the Customer for all the necessary costs.
1.13 The Customer shall always be liable for the additional costs incurred by Structural Repair Solutions LTD in carrying out any further Works in accordance with the Customer’s request pursuant to the above.
1.14 We will endeavour to always employ a helpful attitude and will always attempt to bring the building works to a satisfactory conclusion as soon as possible taking into account weather conditions, availability of specialist materials and unforeseen circumstances etc.
1.15 Structural Repair Solutions LTD take pictures of the progress of our projects. We reserve the right to use these pictures in our portfolio of work, on our website and on various social media websites for marketing and information purposes. Please let us know via email at the start of your work if you are not happy with this.
2.Your obligations
2.1 To pay us the Contract Sum at the times and in the manner specified in the Conditions the Contract Sum or such other sum as shall become payable under the Contract.
2.2 Should there be weekly stage payments, these be based on works completed to date of valuation.
2.3 The first stage payment will be due for payment on the Friday of each completed week, of the work on site.
3.Payment & Final payment
3.1 Prices are based on the understanding that no retentions are held unless previously arranged and authorized in writing by a Director of Structural Repair Solutions LTD. No Main Contractor or Sub Contractor discounts are given unless agreed and confirmed in writing by a Director of Structural Repair Solutions LTD.
3.2 When we have finished the work, we will, upon request, send you a final bill with all payments made to us shown on the bill and any amount still outstanding.
3.3 The final payment will become due immediately upon completion. Any variation of these payment terms must be provided in writing by a Director of Structural Repair Solutions LTD prior to signing of this agreement.
3.4 An interest charge of 8% will be added, at our discretion, on any and all overdue amounts
4.Variations
4.1 If you vary the work or request additional features, we will agree a price for such additions with you, in writing, prior to carrying out such work, either via email or by way of an onsite Variation Request Form
4.2 If we are instructed to carry out any change by a local authority or public utility officer, we will do so only after giving you written notice and agreeing a price with you in writing before we carry out that work.
4.3 In the event where it is not possible to obtain written consent from you within a timely manner or before an in-progress deadline, either by email or onsite Variation Request Form, we will do so afterwards and inform you via email, referring to any priced documents available and include reasonable amounts for the work done and goods supplied.
4.4 Any variations to the contracted price, will be itemised and added to the next stage payment that becomes due.
4.5 We are under no obligation to accept any instruction to carry out a variation although we will not unreasonably refuse to do so.
4.6 Any additional or variant works without prior consent in writing with an agreed cost will be charged at a Day Rate per operative on site at £280.00 exc VAT per day. With a minimum of 1 whole day rate charged.
5.Withholding payment
5.1 If a dispute arises, you may only withhold any payment or part payment that is due to us if you give us notice in writing:
      5.1.1 Before the final date for that payment and
      5.1.2 Stating that you are going to withhold payment and
      5.1.3 Setting out the amount you will withhold and the reason for withholding or if there is more than one reason, each reason and the amount which applies to it.
5.2 Invoices outstanding over 20 working calendar days will be subject to our Debt Collection Partner.
5.3 In the event of any dissatisfaction with any work executed, such dissatisfaction should be notified to us in writing within one week of receipt of our invoice in respect of the work in question. Failure so to notify we shall be deemed to indicate satisfaction on the part of you with the work done.
      5.3.1 Travel to and from the our principal place of business at our standard rate per mile;
      5.3.2 The day work rate for the time spent by our personnel travelling;
      5.3.3 Parking fees, tolls and permits;
      5.3.4 Additional items/day work costs incurred as a direct or indirect result of the return visit to the site may be recharged at the following premium rates or as we determine from time to time:
            5.3.4.1 Plant and equipment: cost plus 25%;
            5.3.4.2 Materials: cost plus 25%;
            5.3.4.3 Subcontractor's or supplier's: cost plus 25%; and
            5.3.4.4 Additional labour of our personnel: gross employment cost plus 150%
6. Chargeable Fees / Services
6.1 Should a representative of Structural Repair Solutions LTD be required to attend a meeting, attend a site or complete a conference meeting/call/digital meeting that is not at its prior agreement or benefit or need:
      6.1.1 This will be chargeable at £150.00 exc VAT per hour.
      6.1.2 If this is out of standard office hours, it will be chargeable at £250.00 exc VAT per hour.
      6.1.3 Mileage and expenses will be charged in addition to the hourly rate.
      6.1.4 The above figures are non-negotiable and liable by all customers unless prior written agreement by a Director of Structural Repair Solutions LTD.
      6.1.5 Should any administration or clerical changes be required to this agreement after signing this agreement an hourly rate of £35.00 exc VAT will be charged. A minimum rate of 1 hour applies per occasion.
      6.1.6 Any excessive communications or administration time spent   after signing this agreement will be charged at an hourly rate of £95.00 exc VAT. A minimum rate of 1 hour applies per occasion.
      6.1.7 Additional design works undertaken due to variations and revisions to the initial scheme will be charged at an hourly rate of £125.00 exc VAT. A minimum rate of 1 hour applier per occasion/variation.
6.2 Should a Health & Safety representative for Structural Repair Solutions LTD be required to attend a meeting, attend a site or complete a conference meeting/call/digital meeting that is not at its prior agreement or benefit or need:
      6.2.1 This will be chargeable at £350.00 exc VAT per hour.
      6.2.2 If this is out of standard office hours, it will be chargeable at       £450.00 exc VAT per hour.
      6.2.3 Should any H&S administration or clerical changes be required required to this agreement after signing this agreement an hourly rate of £125.00 exc VAT will be charged. A minimum rate of 1 hour applies per occasion.
      6.2.4 Additional H&S design works undertaken due to variations and revisions to the initial scheme will be charged at an hourly rate of £250.00 exc VAT. A minimum rate of 1 hour applier per occasion/variation.
      6.2.4 Mileage and expenses will be charged in addition to the hourly rate.
      6.2.5 The above figures are non-negotiable and liable by all customers unless prior written agreement by a Director of Structural Repair Solutions LTD.
6.6 Abortive set up costs due to the encountering of obstructions or any reason out of Structural Repair Solutions LTD control will be charged at £450.00 exc VAT per occasion per day.
7.Materials or goods
7.1 Any materials or goods we supply will be:
      7.1.1 new unless you agree otherwise in writing
      7.1.2 of satisfactory quality
      7.1.3 fit for their normal purpose
      7.1.4 of the description you give to us for their type as far as possible
      7.1.5 of the appropriate British Standard or code of practice at the date of placing the order
7.2 We will attempt to obtain any materials or goods you ask us to, so long as they are available within a reasonable period and within our budgeted costs.
7.3 If any materials or goods that you ask us to obtain for you are
      7.3.1 not readily available
      7.3.2 delayed beyond a reasonable time after we order them so that our work is delayed
      7.3.3 are found unsuitable after we take delivery of them,
7.4 you will be responsible to supply alternative materials or goods as soon as possible so that out work is not delayed or enquire about readily available alternative materials or goods that we can obtain for you.
7.5 We will not be liable for the satisfactory quality of any materials or goods that you supply or guarantee any future use.
7.6 You will not own any materials or goods delivered to the site until you have paid us in full.
8. Responsibility for documents
8.1 Unless we have prepared documents for you, you are responsible for meeting all legal requirements such as planning permission and building regulation approval.
8.2 You must pay all relevant fees for such approval whether we have prepared such documents or not.
8.3 If we have prepared design drawings and/or structural drawings for you, you will be responsible for the costs of these drawings if you decide not to use Structural Repair Solutions LTD to carry out the work. These will be charged at our standard rates that are available on request.
8.4 If we did not prepare the documents for you, we are not responsible for the details being fit for intended purpose. We are simply to build to the details shown on those documents.
8.5 We will be responsible for the details of any documents that we produced being fit for intended purpose.
8.6 Unless you have informed us otherwise, we assume that you have complied with all your obligations under the Party Wall etc. Act 1996.
9. Responsibility for loss and damage and Insurance
9.1 Your obligations:
      9.1.1 You are responsible for any loss of and damage to any existing structures and contents.
      9.1.2 You must take out and keep an adequate insurance policy for your liability and we will be entitled to see this policy.
9.2. The work
      9.2.1 You are not responsible for insuring the work.
9.3 Our obligations
      9.3.1 We will only be responsible for any loss of and damage to any existing structures and contents if the loss is caused by our negligence or by the negligence of any person, we are responsible for. If part of the loss or damage is caused by someone else, we will only be responsible to pay our share.
9.4 The Work
      9.4.1 We will be responsible for insuring against any loss of and damage to the work until practical completion or you end our employment whichever happens first.
      9.4.2 We will take out and keep an adequate insurance policy for our liability and you will be entitled to see this policy.
9.5 Liability for personal injury
      9.5.1 We will not pay you any losses and damages you have to pay as a result of your legal liability for personal injury or the death of any person arising out of or in the course of or caused by carrying out the work. This does not apply if condition below applies.
            9.5.1.1 You will be responsible for personal injury or death caused by your negligence or the negligence of             any person you are responsible for.
11. Limits on how or when the site can be used
11.1 You are not putting limits on how or when the site can be used.
11.2 Our standard working hours are between 08:00 -18:00 Monday - Friday, and 08:00 -13:00 Saturday, at our discretion. There will be no work on Sunday or Bank holidays unless you allow us to.
11.3 The Contractor reserves the right to erect temporary name signs / banners on property while working, preparing to work and for a period of up to one month after the Works have been completed.
12. Health and Safety
12.1 We shall be responsible for the health and safety of the site and relating to the work.
12.2 You have a responsibility to follow any advice that we provide in regard to health and safety and to ensure that any of your own visitors also follow that advice.
12.3 As a homeowner, you have no duties under the Construction (Design and Management) Regulations 2015 (CDM).
12.4 As a contractor we will have to comply with certain duties under the CDM Regulations.
13. Your right to end this contract
13.1 Without affecting your other legal rights and remedies you can end this contract (but not unreasonably or vexatious) in one or more of the following circumstances by registered post.
13.2 If without reasonable cause:
      13.2.1 we stop work for 14 days in a row or
      13.2.2 we wholly or substantially suspend the carrying out of the Works or
      13.2.3 fail to proceed regularly and diligently
      13.2.4 and you send us written notice to telling us to restart work or work readily and we do not do this within seven days of receiving your notice
13.3 If we become bankrupt.
13.4 If we go into liquidation.
13.5 If we make a composition or arrangement with our creditors
13.6 If we are wound up.
13.7 However, we can still use all our legal rights and remedies.
15. Extending the contract period
15.1 You will extend the contract period by a reasonable period to take into account anyone (or more) of the following:
      15.1.1 Your delayed instructions or lack of instructions on anyone (or more) of the following.
            15.1.1.1 the Work
            15.1.1.2 changes to the Work
            15.1.1.3 your choice of materials
            15.1.14 procuring materials that you have specifically requested and that are not readily available or are  delivered late due to no fault of our own.
      15.1.2 If we suspend this contract.
      15.1.3 If the work is obstructed by any matter, we do not control.
      15.1.4 Weather conditions which delay or prevent us continuing the work.
      15.1.5 Unexpected ground conditions such as poor ground, excessive water that requires further measures than those that we originally anticipated.
      15.1.6 If we are forced to stop work due your failure to obtain necessary permissions unless we have expressly agreed to obtain those permissions on your behalf including consent under the Party Wall etc. Act 1996.
      15.1.7 Civil commotion, wars, riots, and lockouts.
16. Subcontracting
16.1We can subcontract any part of the Work, but we will still be responsible for the work.
16.2 We will consider but are under no obligation to accept any sub-contractors named by you.
16.3 If we do accept such sub-contractors, we are under no obligation to enter into a direct contract with them.
16.4 If we do accept such named sub-contractors, we can insist that you enter into a direct contract with the sub-contractor and will be responsible for
      16.4.1 providing instructions to them
      16.4.2 any delays accredited to them
      16.4.3 any deficiencies in their work
      16.4.4 any deficiencies in their design
      16.4.5 any deficiencies in the materials supplied by them
      16.4.6 payments due to them
17.Settlement of disputes
17.1The parties to this contract can start court proceedings to settle any dispute.
17.2 The parties to this contract may by agreement seek to resolve any dispute or difference arising under this Contract through mediation or any other form of ADR.
17.3 Any dispute in relation to this contract arising between the parties may upon agreement of both parties be referred to an Arbitrator appointed by the then President of the Chartered Institute of Building. The award of the Arbitrator shall be final and binding on the parties.
18. Contracts (Rights of Third Parties) Act 1999
18.1 Nothing in this contract confers or is intended to confer any right to enforce any of its terms on any person who is not a party to
19. Liability
19.1 The Contractor shall not be liable to pay for any works, or render good any defects in such work, carried out upon the Customer’s premises by any person, firm or company unless the engagement of such a person, firm or company shall have been made with the knowledge acquiescence and prior written consent of the Contractor.
19.2 Whilst due care will be taken, the Contractor will not be liable for dirt / dust that may be caused during the period of the Works, nor will the Contractor be liable for any damage caused to the Customer’s personal items left within all or any areas where works are ongoing. It is the sole responsibility of the Customer to ensure that they provide adequate protection against dirt / dust and or to remove personal items and or goods from the vicinity of the Works at all times.
19.3 The Contractor shall not be liable for any damage caused as a result of any existing defects in the structure, or any other part, of the site of proposed Works.
19.4 Whilst due care will be taken, the Contractor will not be liable for any cracking or damage that may occur by movement or vibration in the structure during the course of the works.
19.5 Whilst the Contractor will take due care with the Works carried out, in the instance of pointing, rendering and any other cement related Works, the Contractor cannot guarantee weather having an affect on it. The Contractor will not be liable to remedy / and or rectify any damage that may occur here.
19.6 The Contractor shall not be liable for any damaged suffered or loss caused to any appliances, fixtures, fittings, furniture, additions or structures of any kind, whether glass or otherwise, arising as a result of the Customer’s failure to adequately protect and/or remove the same in accordance with the Customer’s duties as set out above.
19.7 The Contractor shall not be liable for any damaged caused to the Customer’s premises by reason of water penetration, or otherwise, arising as a result of weather conditions or otherwise.
19.8 The Contractor shall not, under any circumstances, be liable for any faults or defects whatsoever for any goods which have been purchased on behalf of the Customer. It shall be the Customer’s duties to dispute any claims against faulty or damaged goods directly with the suppliers and or manufacturers.
19.9 Where the Contractor uses sub-contractors to carry out all or any works, all or any sub-contractors will be fully inured and liable for their work/s and will be under an obligation with the Customer to remedy all / any defective, sub-standard or any issue with their works. In the event of any disputed work or claim the Contractor will not be liable, and the Customer will raise all claims directly with the sub-contractor.
19.10 Where the Contractor recommends and or introduces the Customer to suppliers and or any other third party, the Contractor accepts no liability in the event of any issues arising.
19.11 Without affecting its rights and remedies, the Contractor can suspend or end this contract on one or more of the following circumstances:
19.12 If the Customer, anyone employed by the Customer, relation, agent or relative interfere with or obstruct the Works or fail to make the site available for the Contractor.
19.13 If the Customer becomes bankrupt or goes into liquidation or makes a composition or arrangement with creditors. After we use our right to suspend this contract we can end it if you are still at fault, we will be entitled to all payments and any costs involved in suspending or ending the contract. We are also entitled to claim for any losses we suffer (including loss of profits) resulting from suspending the contract.
19.14 Every care will be taken by the Contractor to ensure labour and materials provided produce a satisfactory finish. The Contractor shall at its own cost rectify any faults or defects that shall appear within the stated and agreed defects liability period of the completion of the Works and which are due to materials and workmanship not in accordance with these terms and conditions, so long as written notice of such faults or defects shall be given by the Customer to the Contractor within a reasonable period of the expiration of the aforesaid period. Cracks due to normal movement or drying out of timber, plaster etc, will not be accepted as defects. The maximum period of defects liability will not exceed three months from practical completion of the works.
19.15 The Contractor shall not, under any circumstances, be liable for any loss or damage, whether direct, consequential or indirect caused to or suffered by the Customer, whether such loss or damage shall arise as a result of the Contractor’s negligence, breach of duty in contract or in any other way. For this purpose a consequential or indirect loss or damage shall include but shall not be limited to the loss or damage caused to the property of the Customer or any third party, and personal injury to the Customer or anyone else, save, in the event of personal injury, where the same is attributable to the negligence of the Contractor or his workmen.
19.16 Without prejudice to the foregoing and in any event, the Contractor’s liability, if any, for any loss or damage, howsoever arising, shall be limited to either, the cost of making good the loss or damage, or, the total amount due under this contract, whichever shall be the lesser.
19.17 Force majeur. The Contractor shall be under no liability if they are unable to carry out any provision of the contract for any reason beyond their control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, inclement weather, late delivery of materials, failure of power supply, failure of utility services to deliver goods / services, lock-out, strike, or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the customer may by written notice to the Contractor elect to terminate the contract and pay for work done and material used, but subject thereto shall otherwise accept delivery when available
20. Applicable law
20.1 This contract shall be governed by and construed in accordance with the law of England.
Version 3 NS 29/01/2024