In accordance with the conditions set out herein and which form part of The Federation of Master Builder’s Plain English Domestic Contract for Minor Building Work, City Building Group (“the Company”) shall carry out at the premises of the Customer the agreed works (“the Works”) as specified on the Company’s Estimate, e-mails and/or any other written communication method that has been used.
The trading hours of the Company are Monday to Friday 8.00 am – 6.00 pm and 8.00am – 5.00pm on-site. We work on Saturdays till 1.00pm by agreement with client when required.
Method of Work
(a) The Company shall use professional caution and work in a neat, careful and competent way utilising dust covers for furniture and hallways. We endeavour to minimise the flow of dust and debris as much as possible. We hope that the Customer accepts and understands a certain degree of inconvenience whilst the Works are in progress. Items of value are advised to be removed from the premises.
(b) The Company is fully insured for Public Liability claims up to £5,000,000
The Customer shall accept that inevitably additional unforeseen costs can occur over and above that estimated and in particular (but without prejudice to the generality of the foregoing) as a result of concealed problem areas out of the line of sight such as defective floorboards, broken pipes, anomalies pertaining to the age of a property, in which case the Company shall inform the Customer of these as soon as possible after they have become known to the Company.
Where applicable the Company shall use its reasonable endeavours to liaise with any Residents Association or the like and if possible adhere to any ‘house’ regulations but reserves the right to make an additional charge if such regulations require additional work on its part.
(a) In consideration of the Company affecting the Works, the Customer shall pay to the Company the amount of its charges as follows:
(i) 20% on acceptance of the Company’s Estimate.
(ii) According to the Company’s payment Schedule as presented during the course of the Works as per written Contract signed by both parties. City Building Group will have between 10 – 12 payments; the client paying after respective completed Stages in the contract. You see what you pay for completed prior to invoice.
(iii) The balance on completion.
(b) The Company’s charges shall include the cost in respect of work only. The Customer shall bear the cost of any items/parts/materials required by the Company.
(c)(i) Completion shall mean completion of the Works pursuant to the agreed Estimate and for the avoidance of doubt if the Company voluntarily agrees to carry out any snagging works this does not deem Completion to have been delayed and the Customer shall not be entitled to claim that Completion has not occurred for this reason.
(ii) The Customer shall allow the Company access to the Property at all times to carry out the Works and if the Customer shall wrongly deny access the Company shall be entitled to state that Completion has taken place and the Customer shall be liable to pay to the Company the unpaid amount of the Company’s charges.
(d) Payment of any Invoice issued by the Company shall be made by the Customer without any deduction or withholding on any account whatsoever within seven days from the date of Invoice together with Value Added Tax at the appropriate rate current on the date of the tax point therein specified. If a sum for the time being due to the Company is not paid on the due date for payment, the Customer will from time to time pay to the Company on demand interest on the unpaid balance for the period beginning on the due date for payment and ending on the date of receipt of funds at the rate (as well after as before judgment) of 4% above the base rate of Barclays Bank Plc. for the time being and from time to time during that period.
(e) In the absence of any specific estimate the Company shall charge at the hourly rate of £65 including travelling time together with VAT thereon.
The Company agrees to supply materials required for the completion of the Works in accordance with any previous written quotation. In the event of the Customer self-supplying items – e.g. wooden floors, ceramic tiles, sanitary appliances, kitchens, fittings etc., the Company has no control on missing parts of items supplied by the Customer for installation even in the case of the item(s) being signed for by the Company representative in the course of delivery. Any warranty supplied by the Company is for the installation and the supply of products by the Company only and does not cover third party items supplied by the Customer for mail order or other means. In the event of missing parts, the Company will advise the Customer of this as soon as it can and in the event these parts are not available the Company reserves the right to charge for missing components as required.
Prior to work commencing the Company will discuss the Works with the Customer. This includes colour coordination, tiling, designs and the like. The Company offers a professional advice on the best solutions, however the decision is always the Customers ultimately and the Company will work to the Customers specifications in any event. In the case the Customer revises his requirements prior to the Works being completed the Company may levy an additional charge for items as required or additional time on the project.
The Company shall be released from its obligations in the event of national emergency war prohibitive governmental regulation or if any other cause beyond the reasonable control of the Company renders the performance of the Company’s obligations impossible whereupon all money due under this Agreement shall be paid immediately and in particular the Customer shall immediately pay to the Company all arrears of charges then owing to the Company.
Method of Works
The Company will aim to complete the Works to the highest standards, working to the Customer’s specifications as much as possible. The following sub-clauses are examples of the processes and procedures we perform. For example:
(a) Filling and Painting – Sanding and painting walls and ceiling handling small cracks caused by nails and hooks and the like. Application of 3 coats of paint to the area to be painted. Advising on any potential or actual issues accordingly.
(b) Wallpapering – Stripping – Lining: The Company strips and wallpapers the prepared walls using filler as required and paints the wallpaper as required in the choice of paint selected by the Customer.
(c) The Company will plaster the walls as necessary and advise on any imperfections found in condition of walls, potential dangers, hazards etc. and advise if additional work may be required which may result in additional costs. The Company plasters walls with cement and a coat of bonding if necessary with a coat of multi finish applied for a smoother surface.
(d) Varnish wood work floors and banisters (or any natural wood surface) The Company aims to match the colour(s) of the wood being varnished, however the Company is not responsible for colour matching not being l00% but will always aim for this. However due to absorbency and the texture of the wood, a perfect match is never guaranteed.
(e) Flooring: The Company will remove carpet/wood flooring and install the required surface as instructed by the Customer subject to the strength of the existing floor base. In the event of problems detected with the surface where the floor will be laid, the Company will advise the Customer on this and the subsequent costs involved with repair as required.
(a) (i) If the Customer defaults in the performance of any obligations herein undertaken by it including non-payment of the Company’s charges and such default continues for 7 days after the Company requires the Customer to remedy the same or
(ii) The Customer becomes insolvent within the meaning of the Insolvency Legislation of the United Kingdom or
(iii) If in the sole opinion of the Company the Customer places unreasonable demands on the Company.
then in any such event, the Company may (without prejudice to any other right, powers or remedies it may have by law in respect thereof) by notice to the Customer declare that the Company shall be under no further obligation hereunder to carry out the Works and terminate any Agreement between the Company and the Customer.
(b) Any termination of this Agreement shall be without prejudice to any rights of the Company which accrues or arises out of an event or events occurring prior to the date upon which the Notice of Termination takes effect.
The Customer shall indemnify the Company and hold it harmless from all costs, claims, expenses and liabilities suffered or incurred by the Company in consequence of or connection with any loss of or damage to the property of the Company its officers, servants, employees or agents or any death of injury to any Officer, Servant, Employee or Agent of the Company occurring whilst such Property, Officer, Servant, Employee or Agent is on the Premises in connection with the Works.
No Liability for Third Parties
(a) The Company shall not be liable in the event that any Contractor brought in by the Customer causes the Works to be delayed or amended as a result of fault on the Contractor’s part in which case the Customer shall be liable to pay an additional charge to the Company in respect of any further works required to be effected as a result.
(b) The Company shall be entitled to make an extra charge:-
(i) if the Customer’s Insurers require any additional works to be effected to the premises of the Customer and/or
(ii) any items supplied by the Customer or its Contractors are missing or defective or do not arrive on time.
(iii) the Customer changes its mind about previously agreed colour schemes, tiling designs and the like.
(iv) the Customer does not pay on time.
The Company’s total liability to the Customer whether in contract, tort or otherwise in respect of its obligations and liabilities under this Agreement shall not under any circumstances exceed the Contract Price for the Works and is in lieu of and excludes all other conditions and warranties implied by Statute Law or otherwise subject to any statutory provision to the contrary and in particular the Company expressly disclaims all warranties, conditions and other terms of any kind whether express or implied including but not limited to any implied term of merchantability, satisfactory quality or fitness for a particular purpose and shall not be liable for special indirect or consequential or incidental damages, or damages for lost profits, loss of revenue or loss of use arising out of or related in any way to the Works.
The Customer acknowledges that it has not entered into this Agreement in reliance upon any representation whether written or oral made by or on behalf of the Company. This Agreement will constitute the whole Agreement between the Company and the Customer as regards the Works and any prior agreement or understanding of the parties hereto in respect of the same is hereby superseded.
Headings contained in this agreement are for reference purposes only and should not be incorporated into this Agreement and shall not be deemed to be any indication of the meaning of the clauses to which they relate.
Joint and several
All agreements on the part of either of the parties which comprise more than one person or entity shall be joint and several and the neuter singular gender throughout this agreement shall include all genders and the plural and the successor in title to the parties.
Proper law and jurisdiction.
18:1 This agreement shall be governed by English law in every particular including formation and interpretation.
18:2 Any proceedings arising in of or in connection with this Agreement may be brought in any court of competent jurisdiction in London.
18:3 The submission by the parties to such jurisdiction shall not limit the right of the Company to commence any proceedings arising out of this Agreement in any other jurisdiction it may consider appropriate.
18:4 Any notice of proceedings or other notices in connection with or which would give effect to any such proceedings may without prejudice to any other method of service be served on any party in accordance with Clause 17.
(a) Any Notice to be given either by the Company or by the Customer shall if given by the Company be served by Recorded Delivery or registered mail to the home address of the Customer and if given by the Customer, be sent by first class mail to the trading address of the Company as well as a further copy to the Registered Office of the Company (if different).
(b) Any Notice shall be deemed served 72 hours after proof of posting.
All rights granted to either of the parties shall be cumulative and no exercise by either of the parties of any right under this Agreement shall restrict or prejudice the exercise of any other right granted by this Agreement or otherwise available to it.
Survival of terms
If any provisions of this Agreement are found by a Court of competent jurisdiction to be invalid the parties nevertheless agree that the Court shall endeavour to give effect to the parties’ intentions as reflected in these provisions and that the other provisions in these Terms shall remain in full force and effect.
The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Agreement.
Status of Company
23:1 The Company is an independent contractor and not the servant of the Customer.
23:2 Whilst the Company shall endeavour to co-operate, wherever possible, with the wishes of the Customer, the Company ultimately shall not be subject to directions from the Customer as to the manner in which it shall perform the Works.
Price Guarantee Terms and Conditions
‘Price Match Promise’ – City Building Group undertakes to match the price for any building and construction quotation provided that the following criteria are met:
A written copy (letter, fax or email) of the full quotation we are asked to match shall be made available to City Building Group.
It should have been obtained no more than two weeks before you present it to us from a bona fide company that has been registered with Companies House for at least three years and which has effective Public Liability insurance, Employees Liability Insurance, and Product Liability insurance.
It must also provide a warranty pack for at least one year after completion of the work.
We do not price match our competitors’ special offers, promotions, or discounts.
The quotation must be for a similar job – (that is, the specification, quality and quantity of materials plus workmanship shall be similar to that offered by City Building Group.).
Our ‘Price Match Promise’ is limited to matching quotes provided by companies offering building and construction work within the Greater London & Essex area.
We abide by our ‘Price Match Promise’ in all possible circumstances but the final decision whether or not to offer it is at the discretion of City Building Group.
Our ‘Price Match Promise’ may be subject to change without notice at any time.
This offer cannot be used in conjunction with any other City Building Group promotional offers.
‘Price Match Promise’ is valid for the initial estimate of the projected work involved. If the scope of the project changes, the ‘Price Match Promise’ will not be automatically enforced on the final cost of the changed parts of the project.