Terms & Conditions

• About these terms
• Client responsibilities
• Part A – General conditions
• Part B – Professional services
• Part C – Construction works

IntroductionAbout these Terms

These Terms and Conditions form part of every Client Services Agreement, accepted quotation and appointment of Grand Designs International Ltd (“the Company”). When a client accepts and signs a quotation, the accepted quotation and these Terms and Conditions together form a binding contract.

Part A applies to everything. Part B applies when we provide design or other professional services. Part C applies only if you have separately instructed us to carry out construction works.

References to Schedules are to the schedules of your Client Services Agreement, accepted quotation or appointment letter. Where you accept a quotation online, the accepted quotation records the client and project details (Schedule 1), the services (Schedule 2) and the fees (Schedule 3).

Schedule 6Client Information and Responsibilities

The Client will, promptly and at no cost to the Company:

• provide safe access to the Property for surveys, inspections and works, at reasonable times agreed in advance;
• provide all information in their possession about the Property, including title plans, leases, existing drawings, previous approvals, guarantees, asbestos information and known defects;
• confirm the accuracy of names, addresses and descriptions used in statutory applications;
• review documents issued for approval and respond within 7 days, identifying any factual error or requested change in writing;
• pay all authority, statutory and third-party fees when they fall due;
• obtain any freeholder, landlord, mortgagee, co-owner or management company consent required;
• notify the Company immediately of anything found on site that differs from the information supplied;
• not issue, amend, copy or submit the Company’s documents except as permitted by Part B, section 13; and
• keep the Company informed of any change of address, ownership, contractor or intended use.

The Company is entitled to rely on the information the Client provides, and is not responsible for the consequences of information that is incomplete, inaccurate or provided late.

Part AGeneral Conditions

These conditions apply to every appointment, whether the Company provides professional services, construction works, or both.

A1. Definitions

1.1“Agreement” means this Client Services Agreement, comprising the Schedules, Parts A, B and C so far as they apply, and any Appointment Letter or variation signed by both parties.

1.2“Company” means GRAND DESIGNS INTERNATIONAL LTD, company number 12210995. “Client” means the person, company, authority, contractor or agency that instructs the Company, as named in Schedule 1.

1.3“Services” means the professional services selected in Schedule 1 and described in Schedule 2. “Works” means construction works where instructed under Part C.

1.4“Documents” means drawings, specifications, calculations, reports, schedules, models, CAD and BIM files, survey data, point clouds, photographs and any other material prepared by the Company.

1.5“Authority” means a local planning authority, building control body, water authority, highways authority or other statutory body.

1.6“Working day” means Monday to Friday excluding public holidays in England.

A2. The Agreement

2.1This Agreement records the whole agreement between the parties for the Services and, where instructed, the Works. It replaces any previous terms, quotations, discussions or correspondence.

2.2Where an Appointment Letter or a signed variation conflicts with these conditions, the Appointment Letter or variation takes precedence for the matter it deals with.

2.3The Company may review its standard terms from time to time. Any change takes effect only for instructions accepted after the Client has been notified, and does not alter this Agreement once signed.

2.4The headings and the sidebars are for navigation only and do not affect the meaning of any clause.

2.5Revision of these Terms. These Terms and Conditions will be revised from time to time in accordance with the Company’s policies and with changes in government legislation, regulation and policy. The current version is always published at granddesigns-international.com/terms-and-conditions/. The version in force on the date the Client accepts a quotation or signs this Agreement applies to that appointment, except where a change is required by law, in which case it applies from the date the law requires.

A3. Appointment and commencement

3.1The Client appoints the Company to provide the Services selected in Schedule 1 on these terms.

3.2The appointment takes effect on the earlier of: the date this Agreement is signed by the Client; the date the Client confirms acceptance in writing; or the date the Company begins work at the Client’s request.

3.3Where the Client asks the Company to start immediately, the Client accepts that fees become payable for the work carried out from that point, whether or not the Client later cancels.

A4. Client responsibilities

4.1The Client will comply with Schedule 6.

4.2Where the Client is not the sole owner of the Property, the Client warrants that they have authority to give the instructions in this Agreement.

4.3The Client will not instruct the Company’s employees, consultants or subcontractors directly. If they do, the Company may charge for the work at the rates in Schedule 3.

A5. Fees, VAT and invoicing

5.1The Client will pay the fees in Schedule 3 and, where Part C applies, the sums in Schedule 4.

5.2All sums are exclusive of VAT, which is charged at the rate in force when the invoice is issued.

5.3Authority fees, statutory charges, third-party consultant fees and disbursements are payable by the Client. Where the Company pays them on the Client’s behalf, they are recharged at cost and are due on demand.

5.4Invoices are issued at the stages in Schedule 3 or Schedule 4, or monthly for work charged at hourly rates.

5.5A deposit invoiced before work starts is deducted from the next invoice or the final invoice, as the Company states.

A6. Payment

6.1Invoices are payable within 28 days of the date of issue, unless a different period is stated on the invoice or in Schedule 3 or 4.

6.2If the Client disputes an invoice, the Client must notify the Company in writing within 10 days of receiving it, stating the amount disputed and the reason, and must pay the undisputed balance when due.

6.3The Company may charge interest on sums unpaid after the due date at 5% a year above the Bank of England base rate, accruing daily from the due date until payment. Where the Client contracts in the course of a business, the Company may instead claim interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998.

6.4Payment is not conditional on the outcome of any application, decision or approval.

A7. Suspension for non-payment

7.1If any sum remains unpaid 7 days after the due date, the Company may suspend all or part of the Services and Works on written notice, without liability for the resulting delay.

7.2During suspension the Company may withhold the issue of Documents, withdraw the licence in Part B, section 13, and decline to submit or progress any application.

7.3Work resumes when payment in full is received. Programme dates are extended accordingly, and any resulting costs are recoverable from the Client.

A8. Variations and additional services

8.1Any change to the Services or the Works must be recorded in writing using Schedule 7 or 8 before the work is carried out, wherever practicable.

8.2The Company will notify the Client of the additional fee and any effect on the programme before starting additional work.

8.3Where the Client instructs additional work verbally and asks for it to proceed immediately, the Company will confirm the instruction and the charge in writing as soon as possible, and the Client will be liable for the work carried out.

8.4Changes required by an Authority are treated as variations and are chargeable.

A9. Confidentiality and data protection

9.1Each party will keep the other’s confidential information confidential and use it only for this project.

9.2The Company processes personal data in accordance with the UK GDPR and the Data Protection Act 2018, for the purposes of providing the Services, making statutory applications and maintaining its records. Data is shared with Authorities, consultants and contractors only so far as necessary for the project.

9.3The Company retains project records for the period required by its insurers and by law, and the Client consents to that retention.

9.4The Company may use non-confidential images of the completed project for marketing unless the Client objects in writing.

A10. Electronic communication and signature

10.1The parties accept communication by email and the use of electronic signatures for this Agreement and for approvals, variations and instructions.

10.2An electronic signature applied through the Company’s signing process, together with the recorded name, date, time, signing reference and document version, has the same effect as a signature in ink.

10.3Proof of identity. Where this Agreement is signed or exchanged electronically, the Client will provide a clear copy of one photographic identity document — passport, driving licence, national identity card or biometric residence permit — and, where asked, one proof of address dated within the last three months. Where the Client is a company, the signatory will also confirm their authority to sign.

10.4The Company will not treat an electronically signed Agreement as executed until that identification has been supplied, and may decline to start work until it is.

10.5Identification is held only to evidence who signed, and to meet the Company’s anti-fraud and record-keeping obligations. It is not shared with any other party except where the law requires, and is retained and then deleted in accordance with clause 9.

10.6The Client is responsible for the security of the email account used to sign and to give instructions.

A11. Complaints, Dissatisfaction and Payment Obligations

11.1If the Client or Building Owner is dissatisfied with any part of the Services or Works, they must notify the Company promptly and in writing, clearly identifying the particular work, service, drawing, design, installation or other matter complained of, and giving the Company a reasonable opportunity to review and, where appropriate, remedy the matter.

11.2Where the project is continuing and no written complaint has been received in relation to the Services or Works carried out up to that date, the Client remains responsible for payment of all properly invoiced and contractually due amounts in accordance with the agreed payment schedule.

11.3A Client must not withhold, delay or refuse payment merely by stating, after payment has become due, that they are dissatisfied with the work, where no specific complaint was raised within a reasonable time after the relevant work or service was provided.

11.4Any complaint must identify the specific item or aspect of work concerned. A general statement that the Client is “not satisfied” will not, by itself, suspend the Client’s obligation to pay sums properly due under this Agreement.

11.5If the Client fails to notify the Company promptly of an alleged defect, error or dissatisfaction and continues to instruct the Company, permits the project to proceed, uses the drawings, documents, designs or completed Works, or otherwise accepts the benefit of the Services, that may be taken into account when determining whether the relevant Services or Works were accepted and whether payment is due.

11.6Nothing in this clause removes any statutory right that cannot lawfully be excluded, or limits the Company’s responsibility where liability cannot lawfully be excluded. Any genuine complaint will be considered reasonably, and in accordance with this Agreement and applicable law.

11.7A complaint should be made in writing to the director named in Schedule 1 or, if none is named, to the registered office. The Company will acknowledge it within 5 working days and give a full written response within 20 working days.

A12. Dispute resolution

12.1If a dispute arises, either party may ask for a meeting, to be held in good faith within 14 days, so that the matter can be resolved directly.

12.2If the dispute is not resolved at that meeting, it is referred for resolution and the Client chooses one of the following two routes:

12.3(a) the Company’s Client Resolution Department, which will appoint a senior person who has had no previous involvement in the project to review the matter and give a written determination; or

12.4(b) an independent third party, being a mediator or expert nominated by a recognised professional body, or another independent person the parties agree on.

12.5The costs of the chosen route, including any mediator’s or expert’s fees, are shared equally between the parties, 50/50. Each party pays its own costs of preparing its case.

12.6A determination by the Company’s Client Resolution Department is not binding on the Client and does not affect the Client’s right to take the matter elsewhere.

12.7Where the Housing Grants, Construction and Regeneration Act 1996 applies, either party may refer a dispute to adjudication at any time, and nothing in this clause prevents that.

12.8Nothing in this clause prevents either party from starting court proceedings, in particular to recover a debt that is not disputed.

A13. Termination

13.1The Client may end this Agreement on written notice at any time. The Client will pay for all work carried out up to the date of termination, together with any commitments the Company has properly entered into.

13.2The Company may end this Agreement on written notice if the Client fails to pay a sum due and does not pay it within 14 days of a written reminder, if the Client is in material breach and does not remedy it within 14 days of notice, or if the Client becomes insolvent.

13.3Termination does not affect any right or remedy which has already accrued, and Part B, section 13 (intellectual property and recovery) survives termination.

A14. Cancellation rights

14.1Where this Agreement is made away from the Company’s premises or at a distance and the Client is a consumer, the Client has the statutory right to cancel within 14 days of the date of the Agreement. This right cannot be removed by contract, and nothing in this Agreement attempts to remove it.

14.2The Services frequently need to begin immediately. If the Client asks the Company to begin within the cancellation period — by ticking the box in Schedule 10 — the Client keeps the right to cancel, but must pay for the Services actually supplied up to the moment of cancellation, charged at the rates in Schedule 3, including any site survey carried out and any authority or third-party fee already incurred.

14.3Where no Services have been supplied and no cost has been incurred, cancellation within the period is without charge and any advance payment is refunded within 14 days.

14.4Where the Agreement is for construction works only and no work, design, ordering or mobilisation has taken place, the Client may cancel and the Company will calculate and refund the balance of any advance payment after deducting costs actually incurred.

14.5Cancellation must be in writing to the address or email in Schedule 1.

14.6After the cancellation period, termination is governed by clause 13.

A15. Force majeure

15.1Neither party is liable for failure or delay caused by an event beyond its reasonable control, including severe weather, fire, flood, epidemic, war, civil disturbance, industrial action, failure of utilities or the acts of any Authority.

15.2Programme dates are extended by a reasonable period to reflect the delay.

A16. Liability and insurance

16.1The Company maintains professional indemnity insurance and public liability insurance appropriate to the Services. Details of the cover are available on request.

16.2The Company’s total liability arising out of this Agreement is limited to the fees paid under it or, if higher, any liability cap stated in Schedule 3 or the Appointment Letter, except for liability which cannot lawfully be limited, including death or personal injury caused by negligence and fraud.

16.3The Company is not liable for errors or omissions in information supplied by the Client, an Authority, a statutory undertaker or a third party.

16.4The Company is not liable for loss of profit, loss of opportunity, loss of rent or other indirect loss.

16.5Nothing in this Agreement affects the Client’s rights under the Consumer Rights Act 2015 where the Client is a consumer.

A17. Notices

17.1Notices must be in writing and sent to the addresses or email addresses in Schedule 1, or to the Company’s registered office.

17.2A notice sent by email is treated as received on the working day it is sent; by first class post, on the second working day after posting; by hand, when delivered.

A18. General

18.1No third party may enforce this Agreement under the Contracts (Rights of Third Parties) Act 1999.

18.2If any clause is held to be invalid or unenforceable, the rest of the Agreement continues in force.

18.3A failure to enforce a term is not a waiver of it.

18.4Neither party may assign this Agreement without the other’s written consent, which will not be unreasonably withheld.

18.5This Agreement is governed by the law of England and Wales, and the courts of England and Wales have jurisdiction.

Part BDesign, Architectural, Engineering and Professional Services Terms

These terms apply whenever the Company provides professional services. They do not apply to construction works, which are dealt with in Part C.

B1. Standard of care

1.1The Company will exercise the reasonable skill, care and diligence to be expected of a competent professional providing services of a similar type, size and complexity.

1.2The Company does not give, and is not to be taken as giving, any fitness-for-purpose warranty or any guarantee of outcome.

1.3The Services are provided for the Client and for this project only. No other person may rely on them without the Company’s written agreement.

B2. The Services

2.1The Company will provide the Services selected in Schedule 1 and described in Schedule 2, and no others.

2.2Services are provided in stages. The Company is not obliged to begin a stage until the fees for the previous stage have been paid.

2.3Where the Company is asked to coordinate other consultants, it does so as coordinator only and is not responsible for their designs, advice or fees.

B3. Surveys and site information

3.1The site survey fee is £750 where the Property is within 5 miles of the Company’s office. Beyond 5 miles the survey is charged at £350 per hour, including travelling time, or as stated in Schedule 3.

3.2A measured survey records what is visible and accessible on the day. It does not include opening up, structural investigation, testing, drainage investigation or inspection of concealed or below-ground construction.

3.3The Company is not responsible for previous work that is concealed, unseen or below ground level, and accepts no responsibility for defective work carried out by others.

3.4Where the Client asks for work to proceed without a survey or without drawings, it proceeds at the Client’s risk.

B4. Drawings, approval and revisions

4.1The Company will issue drawings for the Client’s review at the stages agreed.

4.2The Client must check the drawings and notify the Company in writing within 7 days of any factual error, incorrect dimension or requested change. Approval is recorded in writing or by email.

4.3The fee includes one round of reasonable amendments at each stage. Further rounds, and changes requested after approval, are charged at the rates in Schedule 3.

4.4Once drawings are approved and submitted, the design is frozen. A change after that point is a variation, may require re-submission, and may incur further Authority fees.

4.5Construction must be carried out only from the latest approved and paid-for drawings. The Company is not responsible for work built from superseded, draft or unpaid-for documents.

4.6Any divergence from the approved design proposed by the Client or a contractor must be notified to the Company before the work is carried out, and must be approved by the Company in writing so far as it affects the design.

B5. Applications to Authorities

5.1Where instructed, the Company will prepare, submit and progress applications for planning permission, lawful development certificates, prior approval, Building Regulations approval, build-over agreements and similar consents.

5.2The Company will deal with reasonable queries from the Authority relating to the documents it has submitted.

5.3The Authority decides the application. The Company does not guarantee that permission or approval will be granted, or granted without conditions, or granted within any period. Fees are earned for the work done, whatever the decision.

5.4Appeals, re-submissions and applications to discharge conditions are additional services.

5.5Authority fees are payable by the Client. The Company will not submit an application until those fees have been paid or funds provided.

B6. Structural engineering and calculations

6.1Structural design is based on the information available and on stated assumptions, which are recorded in the calculations.

6.2Calculations are issued as drafts until checked and approved by the responsible engineer, and are marked accordingly.

6.3Foundation depths, bearing capacities and ground conditions are not assumed. Where they are unknown, trial pits or a ground investigation are required, and these are additional services.

6.4Where site conditions differ from the design assumptions, work must stop and the Company must be notified before proceeding.

B7. Building Regulations and dutyholder duties

7.1Where instructed, the Company will prepare Building Regulations drawings and specifications and make the submission.

7.2The Company will carry out the duties of a designer under the Building Regulations, and will act as Principal Designer only where separately appointed in writing.

7.3The Client acknowledges the client duties which apply under the Building Regulations and, where applicable, under the Construction (Design and Management) Regulations 2015, and will make the appointments those regulations require.

B8. Site visits and inspections

8.1The Company is not obliged to carry out continuous inspection of construction work.

8.2Site visits are made at the intervals stated in Schedule 2, or at the Client’s request. Each additional visit is charged separately at the rates in Schedule 3.

8.3A site visit is a visual check of progress against the design. It is not a supervision service, an inspection for Building Control purposes, or a warranty as to workmanship.

B9. Documents issued to the Client

9.1On full payment, the Client is provided with the final Documents for their records and for use on this project and this Property only.

9.2Draft, unpaid-for or superseded Documents must not be used for construction, procurement, submission, valuation, sale or any other purpose.

B10. Third parties and consultants

10.1Where a specialist is required — party wall surveyor, geotechnical engineer, acoustic consultant, transport planner, ecologist, arboriculturalist or similar — the Company will advise the Client, who appoints and pays them unless agreed otherwise.

10.2The Company is not liable for the acts, omissions, fees or timescales of third parties.

B11. Suspension and termination of the Services

11.1The Services terminate when the project is complete, or when either party ends the appointment under Part A.

11.2If the Client fails to pay, the Company may suspend under Part A, clause 7, and may decline to release, submit or certify any Document.

11.3Where the appointment ends for any reason, the Company may charge for the work carried out, including work in progress, on the fee basis agreed or at the hourly rates in Schedule 3.

B12. Limitation of liability — professional services

12.1The Company is not liable for information supplied by Authorities, statutory undertakers or others.

12.2The Company is not liable for delay caused by an Authority, a third party, or the Client’s late provision of information, approvals or payment.

12.3Any claim must be brought within 6 years of completion of the Services.

B13. Intellectual property, copyright and recovery of unpaid fees

13.1Ownership. All intellectual property in the Documents — including drawings, specifications, calculations, reports, schedules, 3D models, BIM and CAD files, survey data, point clouds, photographs, design concepts and templates — belongs to the Company or to the rights holder from whom the Company holds a licence. Nothing in this Agreement transfers ownership.

13.2Copyright asserted. The Company asserts its moral rights and its copyright under the Copyright, Designs and Patents Act 1988. The Documents are supplied on licence only.

13.3Licence on payment. On payment in full of all sums due, the Client receives a non-exclusive, non-transferable licence to use the final Documents for the construction, approval and occupation of this project at this Property only.

13.4No licence until paid. Until payment in full is received, the Client has no licence to use, copy, issue, submit, publish, build from or rely on any Document, and any such use is an infringement of copyright.

13.5No use by others. The Documents may not be reused on another site, another project, a further phase, a resubmission by another designer, or by any purchaser, contractor, consultant or developer, without the Company’s written consent and, where applicable, a further licence fee.

13.6Release of native files. CAD, BIM, point-cloud and other native files are released only where Schedule 2 says so, or on payment of the file release fee stated in Schedule 3, which reflects the cost and value of the data released.

13.7Withdrawal of licence. If any sum remains unpaid after the due date, the Company may withdraw the licence on written notice, and may notify the relevant Authority and any contractor that the licence has been withdrawn.

13.8Unpaid development approved by the Company — recovery. Where the Company has obtained or prepared an approval, permission, certificate, design or Building Regulations package for the Property, and the fees for that work remain unpaid more than three (3) months after the due date, the Client agrees that: (a) the Company may commence recovery or legal proceedings without further notice; (b) the Company’s representatives’ time spent on recovery is chargeable at the director rate of £300 per hour, together with the Company’s reasonable legal, court and enforcement costs; and (c) where the Client, or anyone deriving title from the Client, has used or relied on that approval, permission or design — including by building from it, selling with the benefit of it or obtaining finance against it — the Company may claim the value of the benefit obtained from the Company’s work, being the increase in the value of the Property attributable to it, as an alternative to, but not in addition to, the unpaid fees and interest.

13.9Evidence of value. Any claim under clause 13.8(c) will be supported by a valuation prepared by a suitably qualified valuer, and the Client may obtain their own valuation.

13.10Acknowledgment. By signing this Agreement the Client acknowledges that they have read and accepted clause 13, and that the Documents remain the Company’s property until paid for in full.

Part CConstruction Works Terms and Conditions

These terms apply ONLY where construction works are instructed.

C1. The Works

1.1The Company will carry out the Works described in Schedule 2 and the contract documents, with reasonable skill and care, using materials of satisfactory quality, in accordance with the Building Regulations and other legal requirements applying to the Works.

1.2The Works will be substantially complete by the completion date in Schedule 4, as extended under clause 11.

1.3On completion, and provided all sums due are paid, the Company will give the Client the certificates, guarantees and test results relating to the Works.

C2. The contract sum and payment

2.1The Client will pay the contract sum in Schedule 4, as adjusted for variations and unforeseen conditions.

2.2Payment is by the stages in Schedule 4, or monthly where the Works exceed 28 days and no stages are agreed.

2.3Each invoice is payable within 14 days. If the Client intends to pay less than the invoiced sum, the Client must give written notice within 10 days of the invoice stating the amount to be paid and the basis of the calculation.

2.4Where a retention is stated in Schedule 4, it is deducted from the final invoice and released at the end of the defects period, subject to outstanding defects being remedied.

2.5The pricing is for the Works as a whole. The Client may not select and pay for individual items in isolation, and any reduction in scope is dealt with as a variation.

C3. The site

3.1The Client will give the Company possession of the site from the start date and throughout the works period, with access, parking where available, and a supply of water and electricity.

3.2The Client will clear the working areas and remove items needing protection. The Company will give at least 48 hours’ written notice of anything the Client must remove.

3.3The Company will keep the site reasonably tidy and will remove rubbish, surplus material, plant and scaffolding before completion.

C4. Materials and goods

4.1Materials supplied by the Company will be as described, of satisfactory quality and fit for their normal purpose.

4.2Where the Client supplies materials, the Client is responsible for their quality, suitability, quantity and timely delivery. If they are not on site when required, the Company may suspend the Works and charge the resulting costs.

4.3Where the Client insists on a particular material or product, its use is at the Client’s risk, and this must be confirmed in writing.

4.4Materials delivered to site remain the Company’s property until paid for.

C5. Existing structures, unforeseen conditions and discoveries

5.1If unforeseen conditions arise — including unsuitable foundations, defective existing structure, drainage, services, contamination or asbestos — the Company will stop that part of the Works, inform the Client and agree how to proceed.

5.2Any resulting additional work is a variation, priced under clause 6 before it is carried out wherever practicable.

5.3The Company accepts no responsibility for concealed or below-ground conditions that could not reasonably have been foreseen, or for defective work carried out by others.

C6. Variations to the Works

6.1A change must be requested in writing, and wherever possible at least 7 days before the work is affected.

6.2The Company will price the change by reference to the priced documents, then the rates in the estimate, then a reasonable amount for the work, materials and time involved.

6.3A variation may affect the programme, and the completion date is extended accordingly.

6.4A change instructed by an Authority is carried out on written notice to the Client and is priced in the same way.

C7. Health, safety and CDM

7.1The Company is responsible for health and safety in respect of its own operations on site.

7.2Where the Construction (Design and Management) Regulations 2015 apply, the parties will carry out their respective duties. Where the Client is a domestic client, the client duties pass to the contractor or, where appointed in writing, to the principal designer.

7.3Where more than one contractor is engaged, the Client will appoint a principal designer and a principal contractor in writing; the Company may be appointed to either role by separate agreement.

7.4The Company will prepare the health and safety file where it is the principal contractor.

C8. Insurance

8.1The Company will insure the Works until practical completion, and will maintain public liability insurance.

8.2The Client will insure the existing structure and its contents, and must notify their insurer of the Works.

8.3Each party is responsible for injury or damage caused by its own negligence or that of those for whom it is responsible.

8.4Insurance details are available to either party on request.

C9. Subcontracting

9.1The Company may subcontract any part of the Works but remains responsible for the completed Works under this Agreement.

C10. Suspension and termination of the Works

10.1The Company may suspend the Works if a sum remains unpaid 7 days after written notice, if the Client obstructs the Works or fails to give access, if materials the Client is to supply are not on site, or if the Client delays the Works by more than 14 consecutive days.

10.2The Company may end this Part if the Client remains in default 14 days after suspension, or immediately if the Client becomes insolvent.

10.3The Client may end this Part if the Company stops work without reasonable cause for 14 consecutive days and fails to restart within 7 days of written notice, if the Company becomes insolvent, or if the Company fails to complete within the works period as extended.

10.4On termination the Client will pay, within 14 days: all sums due; the cost of work carried out and not yet invoiced; the cost of materials ordered or delivered; and, where the termination arises from the Client’s default, the Company’s reasonable losses directly and properly resulting from it, evidenced in writing.

10.5After termination the Client will settle the outstanding balance within 14 days. If access to the site is refused to the Company, its surveyor, engineer or authorised representatives after termination, the Company accepts no responsibility for the condition of the Works from that date.

C11. Extension of time

11.1The works period is extended by a reasonable period where completion is delayed by: late access, late instructions or late choice of materials by the Client; suspension; a variation; exceptionally adverse weather; or any other event beyond the Company’s reasonable control.

C12. Practical completion, defects and snagging

12.1The Works are practically complete when they are ready to be used, even if minor items remain.

12.2The defects period is 6 months from practical completion. The Company will remedy defects due to faulty workmanship or materials within a reasonable time and at its own cost.

12.3The Company is not responsible for defects arising from the condition of the existing property, from work or materials supplied by the Client or others, or from damage occurring after the works period.

12.4A snagging list will be agreed at practical completion and the items dealt with within a reasonable time.

C13. Expert inspection and disputes on the Works

13.1Either party may appoint a suitably qualified independent expert — a chartered surveyor, engineer or building professional — to inspect the Works where a dispute arises about construction, quality or the state of the Works at termination.

13.2The expert’s fee is shared equally between the parties unless the expert determines otherwise.

13.3Part A, clause 12 applies to any dispute under this Part.