Terms & Conditions
The legal speak
1 Our main obligation – to do the work we will carry out the work:
with reasonable care and skill and to a reasonable standard;
by the end of the contract period (as extended under condition 24, if it applies), but this term does not make time an essential condition.
and keep to all building regulations;
and keep to all legal requirements, which we would need to keep to in the course of carrying out the work, but only if you have told us in writing about these requirements in line with condition 9;
and at the end of the contract, as long as you pay all amounts due, we will give you any guarantees, test certificates and so on which apply to the work. You should keep these in a safe place in case you need them in the future.
1.1 Insurance-backed guarantees
The work will be covered by an insurance-backed guarantee provided by Acer Renovations upon request.
2 Your main obligation – to pay us You will pay us the price.
2.1 Interim payments
2.1.1 When the contract period is more than 7 days
we will be entitled to send you interim bills.
2.1.2 We will send you interim bills for the value of any work we have carried out up to that date, together with the cost of all goods and materials delivered to the site.
2.1.3 You must pay us within 7 days of receiving an interim bill.
2.2 Final payment
2.2.1 When we have finished the work (at the completion date), we will send you the final bill.
2.2.2 You must pay us the price within 7 days of receiving the final bill.
2.2.3 We will give you credit, in the final bill, for all interim bills you have paid.
Unless you have employed a third-party certifier and they have issued a payment certificate, the value due under condition 2.1.2 or condition 2.2.1 will be the value (valuation) we have given to the work carried out up to that date.
Within five days of receiving any interim bill or the final bill you must give us written notice showing how much you plan to pay as long as:
we have met our obligations under the contract; and
no set-off or abatement was allowed to be claimed.
You must also tell us how you worked out the amount you are planning to pay.
[See also clause 6.]
If you do not give us written notice under this condition 2.4, we will give you written notice showing the amount we think is due and the basis on which that amount was worked out. We will delay the final date for payment of this amount by the number of days between the date when you should have given us written notice and the date of our written notice to you.
3 Access to the site
You must allow us enough access to the site and keep the site clear of all obstructions so we can carry out the work.
You must pay us interest, at the interest rate, on any amounts overdue.
5 Starting the work, length of the work and the site
5.1 We will start the work on the start date.
5.2 You must make the site available to us on the start date and for the time it takes us to carry out the work.
6 Withholding payment
If you plan to pay less than the amount shown in our interim or final bill or in our notice given under clause 2.4, no later than one day before the final date for payment you must give us notice to say you plan to pay less than the amount of our bill and tell us the amount you consider to be due at the date you give the notice and the basis on which you have worked out that amount.
7 Transferring your right to insurance money or a local authority grant
You have the right to receive insurance money or a local authority grant. You must transfer to us your right to that money or the grant. We will use this amount towards the price. You must sign the transfer in Schedule D.
8 Paying the price into a joint account
8.1 Before the work starts, you must pay into an interest-bearing account in joint names (the account),
which requires your and our signatures.
Before we start any change under condition 16 or if we need to adjust the price under condition 21, you must immediately increase or reduce the amount in the account (including VAT).
8.2 Under condition 2, you must pay us from the account.
8.3 You will receive any money left in the account, after paying the Final bill.
Unless we agree otherwise in writing, you must get all permissions you need before we start the work and keep to any conditions relating to the work (including paying all the relevant fees).
If you break this condition 9, you must pay us any losses and damages we suffer. When the work is completed, whoever is responsible for getting building regulations approval or planning permission is also responsible for getting formal written confirmation that the work meets those regulations or permission.
10 Materials or goods
10.1 Any materials or goods we supply will be:
new, unless you agree otherwise in writing;
of satisfactory quality;
of the description you give for their type, as far as possible;
of the appropriate British standard and codes of practice in force at the date of placing the order; and
fit for their normal purposes.
10.2 We will get any materials or goods you ask us to, as long as they are available, within a reasonable period. If shown in
Schedule B, we will get these from your named supplier.
10.3 We will not be liable for:
the satisfactory quality of any materials or goods
you provide; or
the satisfactory quality or whether they are fit for purpose (or both) of any materials or goods if condition 25.2 applies.
10.4 If, instead of any normal purposes, you have told us about a special purpose for any materials or goods (whether under condition 10.1 or 10.2 or 10.3), you should preferably confirm this in writing within 14 days.
10.5 We will send you, at least 24 hours before the start date, a written list of any goods, materials and fixtures at the site which we need to remove, for the contract period, to carry out the work. We will return these at the completion date, unless you tell us, preferably in writing, to get rid of any items.
11 Who owns materials or goods
You will not own any materials or goods delivered to the site until
you have paid us.
12 Responsibility for the documents
12.1 You are responsible for making sure that the details shown in the documents:
12.1.1 meet all legal requirements (including planning and building regulations); and
12.1.2 are fit for the intended purposes. Unless condition 12.4 applies:
12.2 you must pay all relevant fees under this condition 12; and
12.3 we are not responsible for the details shown in the documents being fit for the intended purposes, if we did not prepare those documents. Our obligation is simply to build to the details shown in those documents.
12.4 We will be responsible for the details of any documents we produce being fit for the intended purposes.
|13.1 Your obligations
13.1.1 Existing structures and contents
You are responsible for any loss of and damage
to any existing structures and contents, unless it falls within our obligations in condition 13.2.1
13.1.2 The work
You are not responsible for insuring the work.
13.1.3 Evidence of insurance
You must take out and keep an adequate insurance policy for your liability under condition 13.1.1.
We will be entitled to see this policy.
13.2 Our obligations
13.2.1 Existing structures and contents.
We will only be responsible for any loss of and damage to any existing structures and contents, if the loss and damage is caused by our negligence or by the negligence of any person we are responsible for.
If part of the loss and damage is caused
by someone else, we will only pay our share.
Responsibility for loss and damage and insurance
|13.2.2 The work
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.
13.2.3 Insurance for design or specification
If the work involves a material design element or specification by us, we will:
take out suitable insurance cover for, at least, the final estimated value of the work; and
continue to keep that insurance until the end
of the period during which legal action for any claim can be started.
13.2.4 Evidence of insurance
We will take out and keep adequate insurance policies for our liability under conditions 13.2.1
and 13.2.2 and 13.2.3 and 13.3 and 13.4.
If you ask, we will provide details of the policies.
13.3 Liability for personal injury
13.3.1 We will pay you any losses and damages you have to pay as a result of your legal liability for personal injury to, 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 13.3.2 applies.
13.3.2 You will be responsible for personal injury or death caused by your negligence or the negligence of any person you are responsible for.
13.4 Liability for damage to any property of another person
We will pay you any losses and damages you have to pay as a result of your legal liability for loss of or damage to any property of another person. This only applies if :
it arises out of, or in the course of, or is caused by carrying out, the work; and
it is caused by our negligence or the negligence of any person we are responsible for.
13.5 We will include you as an insured person under our insurance policies.
All insurance policies which we must have under our obligations under this condition 13 will include you as an insured person. In the insurance industry this is called an indemnity to principals clause.
You or we must immediately let the insurers know about any claims. You and we must keep to the terms and exclusions of the insurance policy. If you or we fail to do this, the insurance may no longer be valid.
14 Supplying services
You agree to provide for us:
toilet and washing facilities; n water;
Or as stated on itemized contract
15 Limits on how or when the site can be used
15.3 You are not putting any limits on how or when the site can be used.
15.4 You are putting the following limits.
15.4.1 Working hours will be set at the beginning of the contract and agreed with both parties.
16 Changing the work
16.3 If you want to change the work, you must:
confirm this in writing; and
do so within 7 days, if you first tell us. We will then adjust the price.
16.4 16.2.1 We will carry out any change instructed by an appropriate local authority or public utility officer, but only after giving you written notice.
16.2.2 However, if you can change those requirements, while still meeting your obligations under condition 12, you may do so. But you must tell us in writing before we start carrying out that change.
Whichever applies, we will adjust the price accordingly.
16.3 The price will be adjusted by:
written agreement beforehand, if possible; or if not then
later written agreement; or if not then
referring to any priced documents, if this applies; or if not then
referring to the rates, if this applies; or if not then
a reasonable amount for the work done or goods supplied.
16.4 Every change which requires extra or revised work
(as opposed to a change leaving something out) may mean extra costs.
17 Unexpected work
If unexpected work arises, we will tell you and ask how you want us to go ahead. If so, condition 16 will apply.
18 Our employees, subcontractors or tradesmen
You may not use or instruct our employees, subcontractors or tradesmen. If you do, you will have to pay us as if we had carried the work out.
19 Labour-only services
We are providing labour-only services, You are to provide all products, materials, fittings and similar, which are needed for the work. If you do not provide these or ask us to transport or collect these items, this may result in extra charges under condition 16.
19 if we are providing full building services.
20 Health and safety
20.1 We will be responsible for all health-and-safety issues relating to the work.
20.2 If CDM applies, we must keep to our obligations and you must keep to your obligations.
21 Delay or disruption
If the work is delayed or lasts longer than expected for any reason (other than our fault), we will adjust the price accordingly, as shown in condition 16.3. If it is your fault, we will be entitled to claim for any losses and expenses caused.
22 Your right to end this contract
Without affecting your other legal rights and remedies, you can end this contract in one (or more) of the following circumstances.
22.1 If, without reasonable cause, we:
stop work for 14 days in a row; or
fail to work steadily; and
you send us a written notice, telling us to restart work or work steadily and we do not do this within seven days of receiving your notice.
22.2 If we become bankrupt.
22.3 If we go into liquidation.
22.4 If we make a composition or arrangement with our creditors.
22.5 If we are wound up.
22.6 If a receiver or manager is appointed over our business, unless this is to amalgamate or reorganise the business.
However, we can still use all our legal rights and remedies.
23 Our right to suspend or end this contract
Without affecting our legal rights and remedies, we can end all or suspend all or part of our obligations under the contract in one (or more) of the following circumstances.
23.1 If you fail to pay any amount due and still fail to pay for seven days after receiving a written notice we send demanding payment and warning you of our intention to end all or suspend all or part of our obligations under the contract.
23.2 If you, or anyone you employ or your agent, interfere with or obstruct the work or fail to make the site available for us (without good reason) for the contract period (or any one or more of these).
23.3 If you become bankrupt or go into liquidation, or make a composition or arrangement with your creditors (or any one or more of these).
23.4 If you cause, or attempt to cause, the withdrawal or cancellation of the grant payment or insurance money referred to in condition 7.
After we use our right to suspend part of this contract, we can still end our obligations under it, if you are still at fault (as shown in conditions 23.1 to 23.4 ).
We will be entitled to
all relevant payments under condition 2.1; and
any reasonable costs and reasonable losses we suffer (including loss of profit) involved in or resulting from ending all or suspending all or part of our obligations under the contract within 14 days of asking for payment.
Our right to suspend performance ends when you pay the amount due in full unless in the meantime we have ended our obligations under the contract.
However, you can still use all your legal rights and remedies (including term 6).
24 Extending the contract period
You will extend the contract period by a reasonable period to take into account any one (or more) of the following.
24.1 Your delayed instructions or lack of instructions on any one (or more) of the following
Changes to the work (see condition 16)
Your choice of materials (see condition 10.2)
24.2 If we suspend all or part of our obligations under this contract (see condition 23).
24.3 If the work is obstructed by any matter we do not control.
24.4 Weather conditions which delay or prevent us from continuing the work.
24.5 Civil commotion, wars, riots and lock-outs.
any defective design by your named subcontractor.
However, this does not apply if it is something that we, for our own purposes, ask your named supplier to supply or your named subcontractor to do, and which is separate from your instructions.
27 Clearing the site
Before the completion date, we will remove all rubble, surplus materials, rubbish, tools and scaffolding on the site and leave it clean and tidy. We will not be responsible for removing any items you, or any person we don’t control, place on the site.
You and we must both agree to conciliation taking place. If so, the following must apply.
28.1.1 If the work is covered by the MasterBond insurance or similar insurance cover, any conciliation will be under the terms of that insurance.
28.1.2 If the work is not covered by the MasterBond insurance or similar insurance cover:
you and we can agree who the conciliator will be; or
you and we can ask the Federation of Master Builders to appoint the conciliator. [See condition 28.5.]
28.2.1 You do not live or plan to live at the site. Adjudication applies to this contract.
25 Defects liability period
25.1 During the defects liability period we will put right any defects in the work due to faulty workmanship or materials, unless condition 25.2 applies. We will not charge you for this.
25.2 However, we will not be responsible for any one (or more) of the following defects.
25.2.1 Defects due to the conditions of the site or relevant property, that existed before we began work.
This condition 25.2.1 will only apply in the following circumstances.
- a) If we consider the condition of the site or any property next to it or the access to it may affect the work and we write and tell you We will have carried out our duty by giving you that warning. If you still insist that we carry out the work with the site or relevant property in this condition, you should confirm this in writing
and it will be at your risk.
- b) If the condition of the site or any property next to it or the access to it will affect the work and this condition could not be expected before the work started.
25.2.2 Defects caused by you or any other person or caused by any event, which happen after the completion date.
25.2.3 Anything excluded under condition 10.3.
26.1 We can subcontract any part of the work, but we will still be responsible for the work, unless condition 26.2 applies.
26.2 We will not be liable for any one (or more) of the following:
the satisfactory quality or fitness for purpose of any materials or goods, chosen by you from or selected by your named subcontractor or your named suppliers (or any one or more of these); or
28.2.2 You live or plan to live at the site.
28.2.3 Although condition 28.2.2 applies, you and we agree that adjudication under this clause will apply to this contract. You and we also agree that carrying out any adjudication does not make it an unfair contract term. The aim is to speed up a solution at a reduced cost. In any event, it will not be a final and binding decision between you and us.
28.2.4 Adjudication does not apply to this contract.
28.2.5 If adjudication applies (see condition 28.2.1 or 28.2.3), you or we can refer any dispute to adjudication at any time and the adjudication terms of the Scheme for Construction Contracts will apply to this contract, but with the following changes.
(1) Adjudication will apply even if some of the contract has been arranged by discussion.
(2) The adjudicator will be entitled to sort out any dispute about their own jurisdiction.
(3) The adjudicator will be entitled to decide who will pay their costs and expenses and whether one side will pay the other side’s costs as well.
(4) The adjudicator may correct their decision to remove any clerical or typographical mistakes which may have happened within five days of giving their decision to us.
(5) You and we can agree that the adjudicator’s decision will be final and binding between us and that our right to have the dispute finally settled by legal proceedings or arbitration will not apply.
28.3 Arbitration or court proceedings
Any dispute or difference arising from or in connection with the work or this contract (or any one or more of these) will be dealt with as follows.
28.3.2 If the work is covered by the MasterBond insurance or similar insurance cover, under the terms of that insurance.
28.3.3 If the MasterBond insurance or similar insurance cover does not apply and the amount in dispute is within the county court small claims limit, by county court proceedings.
28.3.4 If the MasterBond insurance or similar insurance cover does not apply and the amount in dispute is above the small claims county court limit, by court proceedings.
Or, you and we can deal with the dispute by arbitration. You and we must both agree to this, in writing, when the dispute arises.
If you or we refer a dispute or difference to arbitration, the following will apply.
28.4.2 The arbitrator will be a person:
agreed between us and you; or
appointed by the Federation of Master Builders, at the request of either you or us.
28.4.3 The arbitration will be carried out under the Arbitration Act 1996 and the Construction Industry Model Arbitration Rules 1998.
28.4.4 If the arbitrator:
(1) is unable or unwilling to act; or
(2) becomes unable or unwilling to act; or
n you and we can agree a new arbitrator. Or, either you or we may reapply to the Federation of Master Builders to appoint a new arbitrator.
This condition 28.4.3 applies as many times as is necessary.