General Terms

a. The payment of fees to the Local Authority is based on the scale charge for the submission of a Building Notice. Clients should confirm that the submission of a Building Notice relating to the proposed works is acceptable to the Local Authority Building Control. Any additional costs relating to the provision of information requested by the Local Authority (calculations, site investigations etc.), or alterations to the works in order to achieve compliance, will be charged in addition to the costs indicated in item 6 above.

b. Unless you are a limited company and we have agreed to provide a credit facility, we will require a payment of 50% of the contract value prior to commencement on site. In the case of upfront payment, we will issue you with an invoice to cover this amount when we receive a written confirmation order or our ‘Acceptance of Tender’ form enclosed with the estimate.

c. No allowance has been made for the issue of, or any costs in connection with compliance with, the requirements of any Party Wall Notice. All costs in connection with the appointment of Party Wall Surveyor’s shall be met by the client.

d. All sums quoted will be subject to VAT at the rate ruling at the time the works are carried out.

e. Unless specified in our tender, no allowance has been made for main contractor discount. The main contractor must ensure they allow for this item separately as an additional cost or negotiate with Fastrack™ prior to acceptance of our estimate. Any offer letter made to Fastrack™ stating the deduction of this fee from our tender without written agreement will not be accepted irrespective if commencement on site by Fastrack™ has taken place.

f. Where applicable very effort is made to match the colour and texture of new pointing and/or rendering with the existing. However, shade and texture and finish variations are inevitable due to variations in sand and gravels and because of the effects of weathering. An absolute match cannot, therefore, be guaranteed.

g. Where applicable, due to the nature of existing render applications it is difficult when completing a site survey to determine the thickness and condition of the existing render. In view of this, all estimates will be based on the assumption that the render finish is well bonded to the masonry and will be a thickness of 12mm or less. Should it become apparent when starting on site that the render is thicker than this we will notify the client/customer/specifier of this situation as it may be necessary to involve additional depth, specialist cutting equipment or it may be required for the render to be removed to the areas being repaired. This work will involve additional costs, which will be charged at our Daywork rate.

h. Where applicable, within our estimate for render finishes, we have allowed for localised repairs only (only where specified repairs are being completed by us). Where render has de-bonded every effort will be made to minimise the damage caused during our drilling and cutting procedures but should additional damage take place beyond a localised repair, we reserve the right to recover any additional costs involved. Should we have concerns regarding the render we will notify you at our earliest opportunity.

i. Dayworks: Plant and materials required above that allowed in the estimate will be charged at cost plus 30%.

j. Dayworks: Additional labour required above that included in the estimate will be charged at an all-in rate per man/hour worked, of £40.00.

k. Attention is drawn in particular to the notes under ‘Efficacy’ attached.

l. Fixtures and Fittings – Where applicable Fastrack™ have assumed when submitting their tender unless clearly stated by us in our estimate that the customer will take all necessary precautions to remove all personal items from shelves, table tops or similar, take down curtains, pictures, electrical items, lamp bases, remove plant pots, garden furniture etc to all rooms/areas where repairs are being completed. Though we will endeavour to take as necessary precautions to protect with dust sheets all large items of furniture, we are unable to take any responsibility for any damage that may occur to items left in the rooms that could have been cleared by the customer prior to works commencing.

m. Where internal work is being carried out, it is assumed that all making good will be carried out by others, unless specifically included in the estimate, if such works are required then on receipt of instructions these works will be carried out as a variation based on a further estimate or dayworks plus materials as mentioned above.

n. The tender has been based on continuous working – Phased or disrupted working (unless agreed to in writing prior to commencement on site) is likely to incur additional costs which will be charged in accordance with our terms and conditions and may also include additional costs for return visits.

Partial Underpinning

a. By underpinning a wall the risk of continuing movement of the foundation is significantly reduced. Unless the whole of the structure is underpinned, there can be no guarantee that further movement will not occur in parts of the structure that have not been underpinned, or not underpinned to the full design depth (e.g. ‘step-up’ bases).

b. Where the Company has not been provided with a specification by or on behalf of the employer, due to the expense of underpinning and the limitations of insurance policies it has, in preparing its proposals, restricted the underpinning to those parts of the structure that it considers indicate an unacceptable degree of differential movement. Whilst this extent of underpinning should be sufficient to restore the stability to the structure as a whole, it is possible that the offending ground conditions exist under other parts of the property or adjacent structures, or may do in the future. The Company cannot guarantee the continuing stability of foundations, which are not supported by the Company’s deeply founded underpinning. The Employer may request the cost of amending the proposals as required.

c. Where the Employer wishes only partial underpinning to be carried out, he/she should ensure before contracting to carry out the works that he/she will be able to obtain adequate and comprehensive Insurance cover for the whole of the property.


Structural Repairs

a. Underpinning involves the transfer and redistribution of the imposed loads of the structure onto a new supporting medium. Some relief of inherent stresses and resettlement of the structure may occur as a result. It is generally recommended that the schedule of superstructure repair is not completed until after the underpinning work is completed, and that superstructure repairs are not commenced until 12 weeks after the underpinning has been completed.

b. In order to obtain the full benefit of the underpinning operation, it is essential that fractures are properly repaired in order to ensure full structural integrity and prevent further movement across the crack in the future as a result of local stresses. Advice on adequate repair is available from the Company if required.

c. Where areas of plaster are removed and replaced, thorough drying out may take many weeks. We do not recommend the application of ‘non-breathable’ finishes (e.g. vinyl wallpaper) for at least 8 weeks after plastering. The application of such finishes before thorough drying out will be at the Employer’s risk.


Internal Works

a. An inevitable degree of dust, dirt, and disturbance is created during underpinning. Where internal works are to be carried out, or where internal access is required, the Employer is advised to ensure that all carpets, furnishings, fitments and the like are removed prior to commencement and replaced following completion. Unless specifically included in the Estimate, these items are deemed to be carried out by others at the Employer’s expense. In addition, a suitable allowance should be made for the reinstatement of internal decorations where such provisions are not specifically included in the Estimate.


Plumbing and Electrical

a. Unless specified, our tender does not include for any plumbing or electrical works, however it is sometimes necessary with our works to undertake such tasks to enable repairs to be completed. Should this occur, we will endeavour to secure a repair by a qualified plumbing or electrical contractor but this cost will be recoverable from you at cost +30% and by agreeing to our tender, you are agreeing to us being able to recover these costs from you. As we have no knowledge, of the heating, plumbing or electrical systems within the property, we are unable to accept any responsibility for the condition or operation of these systems before or after the repairs have been completed. Should the existing systems prove not to meet current requirements any costs involved in compliance will be borne by the client as a variation to the contract.


Scaffolding

a. Where the estimate includes for the provision of scaffolding by the Employer, the Company shall be consulted regarding the nature of such scaffolding before it is erected. Generally, working lifts are to be set 1 metre below the line of the Helibeam installation, with the inner line of standards set a minimum of two boards (preferably three boards) width away from the wall.


Damp Resistance

a. Movement or fracturing can break previously adequate damp resistance or damp proofing. In addition, removing partial floor areas can result in loss of integrity of damp proof membranes. This is especially so where structures are below ground level (e.g. basements) or retain soil. The Company cannot guarantee that walls or floors will remain damp proof on the completion of the underpinning. The Employer is advised to obtain the advice of a damp proof specialist.


Trees

a. Where there is vegetation on clay soils, roots will extract moisture causing the ground to shrink. Conversely, if vegetation is removed, moisture may in time return to the soil, causing it to swell. The Employer is advised to obtain advice from a qualified Arboriculturalist of the possible consequences of permitting to remain or removing trees or large shrubs in the vicinity of foundations supported on clay soils.


Safety

a. The Company undertakes to carry out the works as safely as is practicable. The nature of the works is such that the Employer must be aware of the inherent dangers on the site, especially when continuing to live in the property during the works. The Employer shall exercise due care, and shall ensure that all those entering the site (except the Company’s employees) are aware of the possible dangers.


Guarantee

a. Any certificate of guarantee or liability attached to the Company will relate only to lengths of wall to which deep underpinning has been carried out, and not ‘phase-out’ bases or beams. By underpinning a wall, the risk of continued or potential movement is significantly reduced. There can be no guarantee that movement will not occur in parts of the structure not underpinned, or at the junction of underpinned and non-underpinned sections of wall. Where design is the responsibility of others, the Company’s guarantee shall not cover that element of the works.


Site Investigations

a. Unless provided by the Employer or his/her representative, no site investigation information is available prior to the design of the underpinning. We strongly recommend that trial pits. Boreholes and soil tests are carried out to confirm the site conditions, and the design, prior to the works being carried out. Failure to do so may result in abortive works and/or delays, the cost of which shall be borne by the Employer.

Matching Finishes

a. The Company will make every effort to ensure that, where making good is carried out, this is executed to ensure as close a match with the original as is practicable. However, it is not always possible to achieve an exact match of colour or texture, and no guarantee is given in this respect.


Sub-soils

a. Sub-soils are by their location hidden from view and no soils investigation can be exhaustive to the extent that all conditions are known. Our recommendations are therefore based on the information observed and collected. Conditions may be present which were not evident in boreholes or trial holes. Any unexpected material or ground water found during the execution of construction works will require a design review. Where fill material is encountered this does not constitute evidence of contamination. With any site, whether a fill material is encountered or not, there is a risk of contamination and although that risk may be small it can only be reduced further by carrying out a desk top survey and contamination analysis. The absence of contaminants from test results does not guarantee a clean site. There may be pockets of contaminants not found and there may be contaminants not detected by the test program.


Provisional Sums

a. Where a provisional sum is shown in the Estimate the final cost of the work to which it relates shall be calculated at the Company’s usual rates and substituted in the final account in place of the provisional sum.


Warranty

a. Where a guarantee is offered, issue may be refused when the Employer fails to pay sums properly due under the contract.


Variations

a. Any variations and additional works not priced and agreed in writing before the commencement of the works.


Additional works

a. Shall be measured and charged (or credited if applicable) at the rates used in preparing the Estimate or comparable rates.


Paths

a. Employers are asked to note that the Company does not guarantee the stability of replacement footpaths or steps, since they are founded at ground level. The Normal reinstatement specification comprises a minimum 75mm thick, plain concrete. This specification may be increased, at additional cost, if required.

Schedule of Assumptions:

Design Depth

a. The ground at and below the design depth is suitable for the founding of the proposed scheme and that the ground above consists of self-supporting material for hand excavation.


Footing Construction

a. The existing foundations are sound and have been constructed in accordance with normal corbelled brickwork, strip or trench fill construction methods which can be incorporated into the proposed scheme and that there are no previous attempts at underpinning, massive concrete paths, walls, or other obstructions which may affect the progress of the works or require removal in order to install the works.

b. It is assumed in pricing (unless trial hole information is available at the time of tendering) that the existing foundation comprises normal construction, founded in accordance with the details shown on the drawing or specification provided.

c. Where works are to be carried out below ground level it is assumed that the details of the existing foundations as supplied are typical and that there are no obstructions which may affect the normal progress of the works or require removal in order to install the works


Services

a. The Employer will advise our operatives at commencement, of any special precautions that need to be taken during the course of the works, and will advise the location of electricity, water, gas or any other services passing through the sites.

b. The position and condition of services is such that they can be located and worked around without requiring diversion, repair, or replacement, or the need for special precautions or additional excavation or other works


Hours

a. The works may proceed without hindrance during the Company’s normal working hours (Monday to Friday, 0800 hrs to 1630 hrs). By agreement, works may be carried out outside these times, at additional cost to the contract.


Skips

a. The Highways authority will permit two skips to be placed on the road immediately outside the property for the disposal of spoil. In the event of this not being possible, the Employer will allow the skips to be placed within the boundaries of the property, and meet the additional costs of any additional access or reinstatement requirements.


Ground water

a. Only surface water will require removal. The cost of removing standing, running or spring water, or water from any other source or any other work associated with, or resulting from, the ingress of water has not been included.


Facilities

a. All electricity, water, toilet and telephone facilities required by the operatives to effect the works expeditiously will be supplied free of charge.

b. Suitable and safe access is to be provided by the Employer as and when required for the purpose of the works, including the storage of plant and materials.


Structural conditions

a. The structural condition of the property and the disposition of loads will not have altered between the date of the inspection and the time the works are carried out.

b. The forces acting within the existing structure and/or the Company’s work are those used when preparing the design.


Making good

a. This Company is not required to carry out any works to drains, plasterwork, rendering, decorations, plinths, pavings, steps, floors, paths, drives, roadways, gardens, lawns or replace plants and shrubs or turf whether disturbed or damaged as a result of carrying out the works or access to the works or otherwise unless specifically included within the Estimate and accepted by the Employer as part of the contract, or subsequently agreed as a variation.


Hindrance

a. The works can be carried out without hindrance from third parties.


Notices

a. Before works are commenced all notices or negotiations with adjoining owners, Statutory Authorities or other third parties will have been served by others and completed, and all fees, costs and disbursements, will have been paid by others, unless specifically requested and included within our estimate.


Reconstruction

a. Unless specifically stated in the Estimate, costs in relation to demolition and reconstruction allow for the re-use of existing components. No costs are included for bringing construction up to current standards, or for the replacement of inadequate or substandard components.


Insurance

a. The property and its contents are fully insured by the Employer for the duration of the works for all risks other than negligence by the Company and the relevant Insurance Company/ies have been informed of the works.


The following will be construed as a Variation, and valued accordingly;


a. Any additional work that is required as a result of any difference between the above assumptions and the site conditions or requirements of the Employer.

b. Any alterations to the proposed works and/or the Company’s normal construction methods required by any competent authority.


Efficacy

a. The remedial measures proposed rely upon the proviso that the foundations of the structure are capable of adequately transferring the applied loads to the supporting stratum. The suggested remedial repairs are based on the assumption that the existing foundations are not moving. There us some resilience to small cyclic movement and it is likely that the design will restrain the structure for some time. If large-scale slippage/differential movement occurs in the future it is likely that major remedial work to the foundations will be required.


Conditions of Contract:


Definitions

‘Employer’ shall mean the Insured, or the person/s responsible for payment under the terms of the Contract, and who shall be signatories to the Contract.


The ‘Company’ shall mean


Documents

a. The contract documents which shall form the basis of the Contract between the Employer and the Company shall compromise the Estimate and/or Schedule of Works, Schedule of Assumptions, Conditions of Contract, General Notes, any drawings and the letter accompanying the Estimate.


Determination

This contract may be determined by the Company if;

a. The Employer fails to pay a properly issued Application for Payment, or Invoice within the payment terms herein. If payment is not made within these terms the Company reserves the right to make safe and cease all work and clear away all plant and materials. All costs arising from such action will be added to the Contract.

b. The Employer commits any act of bankruptcy, or, being a Company, enters into liquidation. All costs incurred by the Company at the time of determination shall become payable by the Employer.


Liability to pay

a. Notwithstanding any separate agreements the Employer may have with his/her Insurance company or any other third party, the Employer main personally liable for all payments properly due under this Contract.


Insurance

a. Employers and Public Liability Insurance, is held by the Company. Copies of the policy are available for inspection upon request. Additional insurances may be arranged at the Employer’s expense, following receipt of written instructions. The Company will not accept liability for claims not covered by the policies or in excess of the stated liabilities.


Disputes

a. Any dispute or difference arising between the parties under this Contract or any Guarantee whether qualified or not, issued by the Company under this contract, shall be referred to a single arbitrator to be agreed by the parties to the Contract or their successors in title, or in default of agreement, to be nominated by the President for the time being of the Institution of Civil Engineers in accordance with and subject to the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment for the time being in force.


Acceptance period

a. Unless otherwise stated, the Estimate shall remain open for acceptance for a period of two calendar months from the date of preparation. Estimates not accepted during this period shall be withdrawn without notice.


Acceptance

a. Admission of the Company’s employees onto the site shall constitute unconditional acceptance of the Company’s offer.


Fluctuations

a. Up to the date of expiry of the Estimate, the Company will hold its prices and rates fixed in respect of labour, plant, material or transport costs, but not in respect of any increases in contribution levies or taxes payable by the Company. After the date of expiry the Company reserves the right to apply any increases, which may apply.


Start/Finish Dates

a. The starting date shall be agreed between the Employer and the Company. Every effort will be made to commence in accordance with the wishes of the Employer but the Company will not be responsible for additional costs incurred by the Employer if delays occur as a result of late commencement due to non-availability of resources, weather conditions, additional works or other such factors which are outside the control of the Company.


Value added tax

a. All prices in the Estimate are exclusive of V.A.T. which, will be charged in addition at the rate ruling at the time the works are carried out.


Provisional Sums

a. Where a provisional sum is shown in the Estimate, the final cost of the work to which it relates shall be calculated at the Company’s usual rate and substituted in the final account in place of the provisional sum.


Variations Additional Works

a. Any variations and additional works not priced and agreed in writing before the commencement of the works shall be measured and charged (or credited if applicable) at the rates used in preparing the Estimate.


Payment

a. The Company reserves the right to issue upon commencement of the works an Application for Payment for 25% of the contract sum to be paid within 14 days. During the works, but at intervals of not less than 14 days, the Company will issue an Application for Payment or Invoices to the value of works completed, plus materials on site, to be paid within 14 days. The Employer shall not withhold sums of money vexatiously or not commensurate with the value of incomplete works or items in dispute.


Interest

a. If the Employer has not paid in full any Application for Payment or Invoice in accordance with the Company’s terms of payment, the Employer shall pay the Company interest on any balance outstanding at the rate of 8% above the base rate of the Company’s bankers (subject to a minimum of 10%) calculated on a daily basis and calculated on a daily basis and calculated from the date due for payment to the actual date of payment in addition to late payment compensation payable on each late paid invoice as per published late payment guidelines. The date of payment shall be taken as the date on which the payment is credited to the Company’s account.


Safety

a. The Employer should note that the works involve deep excavations and he/she shall exercise due care and attention when entering the site and shall advise those who legitimately have access to the site (except the Company’s employees) of the inherent dangers and difficulties of access.


Limit of Liability

a. Whether or not a Guarantee is issued, the Company’s liability for any loss or damage of whatever nature (excepting personal injury or death) and however arising shall be limited to the contract price as adjusted by the Retail Price Index or any statutory replacement.


Liability for advice

a. Subject to the Unfair Contract Terms Act 1977 the Company shall not be liable for any loss or damage whatsoever arising from:

i) Reliance on any advice or recommendation by the Company whether oral or in writing unless the Company itself has performed the works to which the advice or recommendation relates.

ii) Any work whatsoever unless carried out by the Company whether or not the work was carried out or purported to have been carried out in accordance with the advice or recommendation of the Company whether orally or in writing.


Reserved right

a. The Company without notice or reaching agreement with the Employer reserves the right to change the works specified and estimated providing that such alteration shall substantially achieve the same object as the original works and that any such change shall not involve the Employer in additional cost to the Company.


Notices and Fees

a. The Estimate and offer to carry out the works assumes that all Statutory Notices and consents have been applied for and received by the Employer before commencement of the works by the submission of a Building Notice. If the Employer wishes to pursue a ‘Full Plans’ approval, he/she should discuss the matter with his/her professional adviser or the Company. Any fees or costs in connection with notices or submissions to any authority, and incurred by the Company in pursuance of the works, will be charged to the Employer at cost plus 15%. Additional works required above those included in the Estimate, where necessary in order to comply with the requirements of Building Control or other party, will be charged in additional to the Contract price.


Completion

a. The Company shall endeavour to complete the works in accordance with the stated period and/or in accordance with the Employer’s instructions provided that the Company shall not be liable for and delay due to any cause beyond its control.


Overtime

a. The Estimate is based upon the Company’s normal working hours. The Company shall be entitled to increase the contract sum and the rates if overtime working is required. The Company’s normal working hours are Monday to Friday, 0800 hrs to 1630 hrs.


Lien

a. All goods supplied by the Company remain the property of the Company until paid for in full. Where payment in full is not received, the Company shall have the right without fear of trespass to enter the premises to recover such goods as necessary to recover the debt.


Validity

a. It is hereby agreed and declared that each clause of this Agreement shall be read and construed independently of the others so that if any one or more of such clauses shall be judged to be void or unreasonable but be valid if part of the working thereof were deleted, the said clauses shall be deemed to apply with such modifications as may be necessary to make them valid and effective and any such modification shall not thereby affect the validity or any other restriction contained therein.