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Terms and Conditions

CONSTRUCTION SERVICES
General
1. The quotation is based on information provided by the client, or their advisor.
2. Please note that programme of works are estimated and may change.
3. This quotation assumes permission is given to access all areas required. In the event we are unable to start work due to no fault of our own then the client will be charged for any man hours lost.
4. Tender submissions will be based on ensuring the work will be carried out in a good workmanlike manner and in accordance with British Standards and Building Regulations.
5. Hamilton Associates insurance certificates will be provided on request.
6. We assume we will be given full use of electricity and water free of charge.
7. We assume we will be given full use of a WC during the course of the works, if this is not possible please notify us as we will need to charge for a temporary supply.
8. Pricing includes the supply of all plant, labour and materials where reasonably foreseen.
9. If it is necessary to hire a skip to be stored on the street (ie not a private forecourt or car park, the licence with the Local Authority will not be included in the price).
10. The price includes the removal of all rubbish at the end of the project, with all external areas cleaned down.
11. We will endeavour to make it clear what works are included in the scope of works, however we cannot be held responsible when the client believes the work is inferred. We will happily answer all questions so that there are no misunderstandings with what is included and not included in the price.
12. All our specialist trades are members of their accredited bodies – for example – Gas Safe, NICEIC, FENSA.
13. These Terms and Conditions may be changed at any point and we are not responsible for making our clients aware of any changes.

Health & Safety
14. Hamilton Associates Health and Safety (H&S) documents can be provided on request.
15. All works must now be completed under CDM 2015 regulations, the cost of an H&S report and notifications will be included.
16. It is very important to us that our employees, staff and clients are safe on our sites. Please let us know immediately if you are concerned in any way, including your safety or our employees or staff are not adhering to our stringent demands.

Building Contract
17. All works will be completed under the terms of a JCT – Joint Courts Tribunal contract. The type of contract will be determined by the size of the contract – full details will be provided prior to the works commencing.

No work will commence until the Contract has been signed by all parties.

Data Protection
18. We are not able to provide our client details to include names, addresses, contact details etc to any party without the express consent of our Clients.

Building Regulations
19. Building Regulations will only be sought when is mandatory – the client will be notified if this is the case. If not mandatory and the client would like Building Regulations sign off it must be requested prior to the works commencing, as Building Regulations will not be sought for minor works automatically.
20. Where necessary we must be provided with full engineers documents and planning documents, and no work can commence until these documents have been provided.

The Team
21. Our working hours are from Monday to Friday 8am to 5pm and on Saturday 8am to 2pm.
22. We will introduce the team to you at the start of the project or later when applicable. If at any time you are not happy with any member of the team – be it through their workmanship, trustworthiness, friendliness, or any other personal matter please make it apparent to Edward Hamilton at the earliest convenience.

We will assess the situation and if necessary remove the employee from your site.

Keys
23. We will require 2no sets of keys for access to the site during the period we are working on the site.
24. If keys are to be collected from a different address to the property address, travel time would be charged at our standard hourly rate.
25. During the works we are happy for our clients to hold onto sets of keys however we must insist that clients must not enter the property whilst we are not there. If clients do not adhere to our request then our client must forfeit their sets or we will need to change the locks – all at our client’s expense.

Photos
26. Prior to the works commencing we will take photos of the property for our records and to be placed on our website and possibly on other forms of media. They may also be provided to other clients (providing it adheres to Data Protection laws) to show works we have or are currently working on. If you do not want us to take photos then please let us know at the point when the JCT contract is being signed.
27. Should photos be taken prior to the works, we will be entitled to take photos upon the works being completed, at either the point of completion or once the client has moved in. We will provide proofs prior to them being placed on our website.

Schedule of Condition
28. If it is deemed appropriate between all parties, we will commission an independent schedule of condition, the cost of which will be covered by the Client.

We will be unable to commence works in areas where it is deemed necessary to have a schedule of condition until the document has been agreed.

A Schedule of Condition is normally required when we take over from another contractor or when there are obvious defects in a property.

Scaffolding
29. All scaffolding and alarm systems are quoted for a hire period of up to 4 weeks unless stated otherwise. If the project is extended beyond the agreed timescale due to unforeseen problems, extra work requested by the client, or due to bad weather then additional hire charges will be applicable and will be charged on a weekly basis.
30. An alarm will only be included where stated.
31. For all roofing works we will include in our price the cost of a tin roof – this will allow us to work in most weather conditions. Tin roofs will also include plastic sheeting round the outside
32. If you require netting around the outside of the scaffolding, please request as this will incur an additional charge.

Decoration Works
33. The number of coats specified under the decorations is what is recommended by the manufacturers. If extra coats are necessary we will let you know and advise accordingly.
34. Hamilton Associates will not be held responsible for previously painted shut window/doors.

General Works
35. We require full scaled drawings to work from, these must be based on a full measured survey of the property in question.
36. Where we are constructing joinery we will require drawings with dimensions added.

Internal Works
37. Hamilton Associates will cover all working areas and will clean to a “builders finish” at the end of the job. Access through the inside of the property will be necessary, all main access routes will be protected with suitable sheeting. Please remember, it can take up to 3 weeks for dust to fully settle for which we are not responsible for.
38. Hamilton Associates will not be held responsible for existing electrical, plumbing or central heating faults found or implemented by another contractor.
39. If the property is occupied during the works, the client is responsible for the safe storage of tools and materials left on site, unless the Specification of Works states otherwise.
40. If the property is occupied during the works, please note our working hours and we must be allowed to work to these hours as delays will slow down the project and may cause additional costs.

External Works
41. External works are weather dependant. Bad weather during the project may result in Hamilton Associates stopping work temporarily, it may cause the works programme to be extended and may cause additional costs.
42. Damage to internal parts caused by the external works are not covered as part of this price. It is unforeseen and making good will be an additional cost. We will though do our upmost to reduce these chances.
43. If the building is multi-tenanted (i.e. where there are a number of owners/occupiers), it will be necessary for you to inform all owners and occupiers that works are due to commence. We will leave notices under property doors to notify timings however we will not be held responsible if windows are not left open/unlocked and the windows are painted shut.
44. We will not be held responsible for dust found internally if windows are locked open and we have been unable to make contact and we expect our client to make contact with other owners to warn them.
45. This quote does not include any making good/painting to any internal surfaces unless specified. This includes all timber and glazing repairs to windows and doors.
46. Any satellite dishes or aerials affected during the works will not be our responsibility, unless quoted for in the SOW.

Client Items Purchased
47. Where items have been purchased by a Client and arranged for delivery directly to site, then they must:

a) Be present at the time of the delivery;
b) Check the order to confirm the correct units and number of have been delivered and confirm this with the supplier. It will be the clients responsibility to liaise with the supplier should the wrong number or the wrong items be delivered incorrectly.
c) Check the items that they are not damaged in any way. We will then be responsible for the safe keeping of the items until Practical Completion.

Variation Orders – “VO”
48. All works which we deem a “VO” must be agreed in writing prior to the individual piece of work commencing.
49. We will provide a reasonable price. The price will be based on a pro-rata basis to works already quoted (providing there will not be any additional works and complete and if necessary we will provide our calculations.
50. If we are unable to agree the price of the “VO” and the disagreement causes the works to stop works then we will leave the site until the price has been agreed. All costs which amount as a consequence due to the lack of agreement of the client will be covered financially by the Client.
51. All provisional costs will remain provisional until they are formally agreed. Works in these individual areas will not commence until they are agreed, and all costs which amount as a consequence due to the lack of agreement of the client will be covered financially by the Client.

Terms of Quote and Payment Schedules
52. All prices quoted are plus VAT at the prevailing rate.
53. Works are to be carried out during normal working hours, unless agreed otherwise, in which case may occur higher rates.
54. Quotes are valid for a maximum of 2 months from the date of issue.
55. It is assumed unless we are notified the work can be completed as one single continuous project. Where the works are staged, further costs may be applicable.
56. All goods/materials remain the property of Hamilton Associates until full payment has been received.
57. Interest will be charged on any outstanding balance at the rate of 2.5% above Base Rate every seven days. An invoice will be produced at the end of each month.
58. We understand and we will exercise our statutory right to interest under the late payment of Commercial Debts (Interest) Act 1988 if we are not paid according to agreed terms.
59. Full payment will be required on the completion of works within 7 days of receipt of the invoice, unless otherwise stated in writing.
60. Payment Schedule
• The first invoice will be issued on the 14th day after the works commence and the client has 7 days to clear this invoice
• All additional invoices will be issue every 14 days thereafter until the end of the project.
• Any requests by our clients to alter these terms of payment must be carried out prior to the works on site commencing.
Invoicing is based on materials which are either order or already on site; and works which are completed or part completed at the point of invoicing.
The client is entitled to retain 2.5% from each and every invoice. Once the snagging has been completed, this retention will be paid in full by the client.
Should payments not be cleared under our terms of payment then we will close the site under the terms of the JCT contract. Failure to keep up with payments may cause additional costs to be incurred by the Client as we will need to continue paying our staff and employees. Once outstanding invoices have been cleared we will return to site to continue the works.
If at any time during the works you are concerned by:
• The timing of the payment schedule; or
• Your personal finances to include the ability to pay; then please notify us immediately as it will reduce the need for us charging additional costs or the risk of Court Action.
Guarantees
Definitions:
61. Practical Completion “PC”:

The definition of PC is where the property is deemed “fit for purpose” and means the works are completed to a standard where there are minor, ‘de minimis’ items of work left incomplete. PC certification can then be issued.

Practical Completion means:
a) The ending of our liability for liquidated damages (damages that become payable to the client in the event that there is a breach of contract by the contractor – generally by failing to complete the works by the completion date).
b) And the point when the defects liability period commences.

62. Defects Liability Period or Snagging

Snagging does not have an agreed meaning, and is not a contractual term. It is a slang expression widely used to define the process of inspection necessary to compile a list of minor defects or omissions in building works for us to rectify during the Defects Liability Period.
The defects liability period, which follows certification of practical completion, is the period during which we may be recalled to rectify defects which appear.
The length of this period will be determined by the length and size of the project and may be for a period of either 3, 6 or 12 months. Most projects have a three month liability period.
Any defects found within three months (or the agreed length) from Practical Completion will be corrected at no extra cost, providing the workmanship is not to our high standard. This guarantee is on the condition full details are recorded in writing within three months from the date of Practical Completion.
The date when we carry out the Rectification will be mutually agreeable.
An item which is classified as a “Latent Defect” will not be classified as a “snag” and will need to be priced as a VO.

Liability
We carry Public Liability Insurance to a limit of £10,000,000 and can make a copy of our certificate available on request.

Certificates
63. Where guarantees on specific parts are to be issued they will be handed over to the relevant person(s) once the final payment has been received.

These will include any of the following (and where applicable):

a) Electrical
b) Plumbing
c) Gas Safety
d) Building Regulations
e) Roofing guarantees