Terms & Conditions

TERMS AND CONDITIONS OF BUSINESS

1. HCG OUTLINED RESPONSIBILITIES

a) Carry out the work carefully, competently and as set out in the agreed scope of works

b) Use materials which are of satisfactory quality and suitable for their intended purpose. The materials will be new unless the customer agrees otherwise in writing.

c) Start and finish the work within a reasonable time.

d) Dispose of rubbish from the work place.

e) Be responsible for any damage caused in the execution of works to the premises and its contents or to neighbouring properties.

f) Leave the working areas in a clean and tidy condition after finishing the work at the end of the contract.

g) Provide Architectural supervision if requested in the scope of

works.

2. CUSTOMER’S OUTLINED RESPONSIBILITIES

a) Give HCG access to the premises during the agreed working period.

b) Keep the working areas sufficiently clear of any obstructions to allow HCG to carry out the work. Where working areas have been isolated the client must not themselves or let others access these areas without the supervision of HCG.

c) Allow HCG to execute all aspects of the working programme in an order and way that they consider necessary to finish the work on time and at cost.

d) Pass all instructions directly to HCG in writing.

e) In the absence of any appointed Principle designer the customer will ensure that all Construction Design Management requirements are provided or appoint HCG to provide these.

f) Make payments no later than 4.30pm by the due date as requested for materials to be ordered and or for works carried out.

g) Not enter into any contract for works which are part of or arise in connection with the building works, with any of the main contractors Employees, Subcontractors, Suppliers or Consultants without the agreement of HCG.

h) To check all contract documentation is correct including all the items and quantities listed to ensure the works priced are as required.

3. CHANGING THE WORK DETAILS

The customer can change the work detail. Where the work detail is changed, the contractor will make an appropriate alteration in the price considering, any costs incurred regarding rescheduling and block / bulk order discounts and re-costing charges. All variations will be calculated as per our standard schedule of rates.

4. EXTENDING THE WORK PERIOD

The working period will be extended where HCG must spend extra time on the work because of changes made to the work detail or Cannot finish the work on time for reasons beyond its control including delay caused by the weather or the variations to specification. It is also the case that often certain aspect of work do take longer than anticipated and allowed for. Where this happens HCG will bear the cost however extension of time will be applicable. In addition, as with most Building Contractors HCG does not have full control over the attendance of outside suppliers of goods and services and hence cannot be held liable because of any delays resulting from merchants or subcontractors unless these delays arise because of HCG failures.

5. PAYMENT

Payments will be required weekly in respect of material & plant to be ordered and percentages of labour carried out. Payments will be due upon receipt of valuation which will be issued weekly. Payment must be made no later than 4.30pm on the day after the valuation is raised. A non refundable deposit of 10% is payable on placing of order and will be deducted from final balance of the contract. All progressive scheduling of labour and material is confirmed by end of Business on Fridays weekly, where payments are received late without prior agreement orders may not be actioned and hence delays maybe incurred including slippage of sub-contractors and employee scheduling see section 9 (c) Where re-scheduling becomes necessary due to payment default all discounts will be cancelled.

Discounts will also be void where the original scope of works is reduced.

6. CONTRACTORS RESPONSIBILITY FOR FAULTS IN WORK

Construction is by nature a progressive process and faults can often occur during the build process These are always picked up and will either be corrected at that stage or at the end of the job under a process generally identified as snagging. It is hence agreed that prior to completion any works requiring rectification that can be carried out at a later stage in the works prior to completion do not represent a situation where it could be claimed that the works are not being carried out to a satisfactory standard as they will not be complete and hence classed as Works In progress. For 12 months after completion of the work HCG will remain responsible for any faults in the work (other than fair wear and tear), which are caused by the company.

7. BRINGING THE CONTRACT TO AN END

a) Any failure to keep to the terms documented is this agreement will constitute a Breach of Contract.

b) If either party wants to act on that Breach, they must issue proper legal notice as per pre-action protocol for Construction and Engineering disputes giving the other party fourteen days in which to correct the issue in question or to give adequate representation as to why it will not or cannot be corrected in that time scale and alternatively to give an undertaking as to when it will be corrected. Where this relates to rectification of work HCG will be allowed to address such issues in line with the terms outlined at section 2 (c) unless there are safety issues.

c) If either party issues proper notice in relation to breach of any of the conditions in this agreement and the other party fail to comply with that notice, then the contract can be terminated. Upon termination of the contract HCG will prepare and submit its final account within 30 days of the date of termination and all overdue balances must be settled within 21 days of the date of that account. In any event both parties agree that the final account will be based on this account.

8. INSOLVENCY

a) If the customer or the HCG becomes insolvent (unable to pay their debts), this agreement will come to an end unless the insolvency practitioner involved makes a suitable arrangement to allow the contract to continue.

b) If the works come to an end because HCG becomes insolvent, the customer will not have to pay any amount then due to the HCG until the works have been finished by another contractor and that Contractors cost have been deducted.

9. OTHER RIGHTS AND REMEDIES

a) The customer and HCG can claim from each other all losses direct or indirect including costs and expenses which result from any failure to keep to this contract.

b) This contract does not rule out or limit any other legal remedies that may be available to the customer or HCG

c) HCG can without further notice immediately suspend the supply of goods and services if payment is not received and no adequate representation is given in respect of non-payment by the due date. If this happens the customer will be responsible for any slippage in scheduling and for any increase in cost which arises from the slippage. If works are suspended the bulk price discount applied will be rescinded and the remainder of the works will be billed as per our schedule of rates.

d) The customer cannot make payments directly to subcontractors or employees introduced by HCG for any part of the contracted works or works arising from those works, which influence the works as contracted? without written authorisation from HCG. This applies to a period not exceeding twelve months after the cessation of the contract.

e) The working area is under the control of HCG from start of works until completion and all attendance must be in accordance with CDM 2015 regulations and comply to site safety procedures a copy of which will be made available to you prior to the start of works.

10. PLANNING PERMISSION, BUILDING REGULATIONS AND PARTY WALLS

The Customer will apply for any planning permission, building regulations approval and party wall consents or awards that may be needed unless agreed otherwise. Any delays and or costs to either party resulting from the failure to obtain these will be the liability of the customer.

11. USING FACILITIES ON THE PREMISES

The customer will allow the HCG access to Electricity and water unless otherwise specified

12. THE WORKING PERIOD

The working period is the estimated length of time for doing the work.

1.) HCG will start the work on the agreed date

2.) The estimated working period will be as specified.

3.) The work is finished when HCG has properly done everything shown in the work details and any changes made to them.

4.) These terms do not include any provision for time to be of essence and it is agreed that should this be required later in the contract it will be subject to a surcharge and mutual agreement. As it stands the works have been priced outside of this requirement.

5.) If the timescale is extended beyond what is reasonable the client can claim liquidated damages up to £500.00 per week and a penalty discount of 1% of the contract value per week up to a total of 10%. This to be deducted from the final balance on completion of all works by HCG. This on the condition that no legal action is commenced against HCG and that HCG will be permitted to complete all works. This will serve as full and final settlement to any potential claim in respect of timescale and maintain goodwill between both parties.

13. PRODUCT GUARANTEES

HCG will give the customer any guarantees issued by the manufacturers of products installed in the work.

14. INSURANCE

Before the work starts:

1.) The customer will tell their household insurers, (if any), that they are about to have work done at the premises.

2.) HCG will have an up to date public liability policy for death or injury to people and damage to property.

The amount insured for any one claim arising from one event is £1,000,000.00

15. WORKING HOURS

The customer will allow the HCG to carry out the work between 07.45 am and 4.45pm from Monday to Friday, unless agreed otherwise between the two parties.

16. OCCUPATION AND SECURITY OF THE PREMISES

1.) If the premises are unoccupied at any time while the work is being carried out HCG will take practical and common-sense precautions to deter intruders from entering the premises.

2.) If the premises are occupied HCG will ensure, where practically possible, to isolate the building works from living areas.

17. DISPUTES

1.) The customer or HCG can start court proceedings to settle any disputes.

2.) The customer or HCG can also have disputes decided within 21 days by an adjudicator appointed under an adjudication scheme run by the Royal Institution of Chartered Surveyors (RICS) or the Royal Institute of British Architects (RIBA) or any other qualified independent body or service.

If the customer or the contractor chooses adjudication to decide disputes, they must both accept the process, cost, rules, and procedures. Free details of the cost, rules, and procedures for adjudication are available.

Alternatively, an appropriately qualified independent person can be jointly employed to act as an Arbitrator to resolve any disputes in a cost-effective and timely manner. This does not affect both parties’ rights to seek an adjudication should they feel the need to still exist after this process.

These terms represent the entire agreement between HCG and you the Customer and acknowledges that no other inducements, conditions or terms are applicable to this agreement.

18. Confidentiality

It is agreed that both parties to this agreement will keep any information they become privy to as a result of their business together private and confidential and where there is any breach of this the party in breach will accept liability for any loss direct or indirect of the damaged party. This applies to a period not exceeding twelve months after the cessation of the contract.

19. Right to Cancel

Please note that we make you aware of your statutory right to cancel which extends up to 14 days from the date of acceptance.

20. Additional Costs

Variations to the contract which represent additional costs will be priced as per our standard schedule of rates less any discounts agreed.

21. Discounts

In the event of a Breach of the terms of the contract which results in notice or in termination HCG reserve the right to cancel all discounts and prepare the final account in line with pre-discounted prices. See also section 5.

22. Validity of Quotation

All quotation are valid for 30 days after which time if no contract has been formed they will be subject to requote.

23. Pre contract service

Initial Quotations are free and without obligation. Where Contract cost paperwork is generated, and works do not proceed to contract a fee will be payable for that service as per the relevant charges in our schedule of rates.

24. Bullying and Harassment Policy

It is a specific term of this agreement that all parties act within the Law in respect to current legislation regarding Bullying and Harassment.

Our Current Schedule of Rates.

Hourly Labour rates for Construction Operatives.

Electrician £40.00

Electricians mate £25.00

Plumber £40.00

Plumbers mate £25.00

Bricklayer £29.00

Labourer £14.50

Carpenter £29.00

Roofer £27.50

Plasterer £28.50

Window Fitter £27.50

Ground worker £28.50

Decorator £23.50

Architectural Technician £65.00

Structural Engineer £150.00

Health and safety Consultant £45.00

Estimator £65.00

Other Rates

Cleaner £18.00

Admin £29.50

Plant & Material at cost plus 35%

Other external suppliers at cost plus 35%

Other Charges

Communication in respect of Late Payment = £29.50

Site Equipment and Standing on Charges

£100.00 per day this is applicable to charges incurred should the working period need to be extended for reasons outside of our control and will cover hire cost and mandatory daily checks in line with Health

and safety obligations. This does not include for cost of any Labour, Material, Plant or admin associated

with additional works.