Building Agreement For Minor Building work

Transcription

1 Building Agreement For Minor Building work THE PARTIES. Builder/Tradesman: Landricombe and son Ltd. (Trading as London Bathrooms) Address: 23 Lammas Road, Richmond, Surrey, TW10 7YD Phone Number: Address: VAT registration number: Customer: Name: Address: Phone Number: address: Address where work is to be carried out ("Premises"), if different to that above: 1

2 Agreement on the Work to be carried out: 1. This Agreement shall incorporate those conditions set out in Schedule Agreed Work: (A short description). The installation of a new bathroom and renovation of the utility room 3. List documents used to achieve the Quotation: 3.1 Builder's quotation Date of quotation: 3.2 Drawings used: 3.3 Drawing Numbers: 3.4 Specification used: 3.5 Name and date of specification: 3.6 Other documents used i.e. material or product supplier s specification: 4. Agreed Price for the work: The Agreed price for the work described above all for the sum of Inclusive of VAT, and anything that can reasonably be expected from carrying out a careful inspection on the pre estimate/quotation visit. Any agreed exclusions: 5. Local Authority approvals and other approvals required: 2

3 5.1 Planning Permission, Building Regulations, Party Wall etc.act 1996 and Construction (Design and Management) Regulations 2007: 5.2 Confirm here that Planning permission, Building Regulation and Party Wall etc. Act 1996, if required, has been applied for and the relevant permissions received: (a) (b) Planning Permission application No Planning Permission approved date Building Regulation application No. Building Regulation Notice of approval date (c) The Party Wall etc.act 1996 Date Neighbour notified Date Inspection carried out: (d) Construction (Design Management) Regulations No work is to start until all the above has been considered and relevant permissions received. The Builder/Tradesman can start work before Building Regulation approvals have been received provided an application number has been obtained and the Local Authority has been given forty-eight hours notice. 7. The Customer allows the use of the following facilities: Electricity: Water: Telephone: Toilet: 8. Variation in the work: If there is any variation in the work requested by the Customer or the Local Authority that could not reasonably have been foreseen then the Agreed Price will be increased or reduced depending on the variation by an amount or time period (as the case may be) to be agreed between the parties. 9. Payment: (By one of three options) Option A [Not used] 9.1 The Agreed Price should be paid on completion of the Agreed Work. Option B [Used/] 9.2 The Agreed Price shall be paid by stage payments agreed at the outset as follows: Stage: Payment: 3

4 Option C [Not used] 9.3 The Agreed Price shall be paid, based on work carried out to date at [ ] intervals. 10. Programme of work: (If work is to last more than four weeks a programme of work will be issued) 10.1 The work will be completed within weeks of the agreed start date The work will commence on 10.3 The work will be completed by 10.4 If the Customer issues any late instructions or there is extremely inclement weather the Builder/Tradesman shall be entitled to an extension of time to the Programme to be agreed with the Customer and which may have an effect on the contract period. For the avoidance of doubt, the occurrence of extremely inclement weather shall entitle the Builder/Tradesman to an addition to the programme set out in this clause. 11. Insurance: Before commencement of the Agreed Work the Customer will inform his/her insurers of the work to be carried out The Builder/Tradesman will have Public Liability insurance: 11.2 The Builder/Tradesman if relevant will have Employers Liability Insurance: 11.3 The Builder/Tradesman will also insure the Customer against theft of any materials or products that are for the Agreed Work. 12. Guarantees/Warranties: All product or material guarantees issued by the Manufacturer must be handed over to the customer. 13. Defects Liability Period: Twelve months from the completion date 13.1 During the defects liability period we will put right any defects in the work due to faulty workmanship unless condition 21.2 applies. We will not charge you for this However, we will not be responsible for any one (or more) of the following defects: due to the conditions of the site or relevant property that existed before we began work; This condition will only apply: 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 this. We will have carried out our duty by giving you that warning. If you still insist that we carry out the work with 4

5 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 foreseen before the work started caused by you or any other person or caused by any event, which happens after the completion date; or caused by the quality of any materials or goods you provide 14. Security issues: The customer will inform the Builder/Tradesman in writing prior to commencement if the premises will be occupied through out the work. The Builder/Tradesman will at all times make reasonable efforts to keep the premises secure at all times. 15. Disputes: 15.1 Both parties should endeavour to use the Guild of Master Craftsmen Conciliation Services prior to starting any Court proceedings The Customer or the Builder/Tradesman can commence Court proceedings to settle any disputes If the Customer and Builder/Tradesman accept the Guild of Master Craftsman Conciliation Services they both accept that any cost, rules and procedures involved will become part of this agreement. Free details of the Guild of Master Craftsmen Conciliation Services are available from; The Guild of Master Craftsmen, 166 High Street, Lewes, East Sussex BN7 1XU THIS AGREEMENT IS MADE BETWEEN: Builder/ Tradesman s signature: Date: Customer s signature: Date: 5

6 SCHEDULE 1 THE CONDITIONS. 1. Builder/Tradesman s Responsibilities: 1.1 The Builder/Tradesman shall carry out the Agreed Work in a proper and workmanlike manner. 1.2 Use materials which are of a satisfactory quality and suitable for their intended purpose. The materials will be new unless agreed with the Customer. The Builder/Tradesman shall also not include in the Agreed Works any materials which are generally known in the industry to be deleterious. 1.3 Work regularly and diligently. Complete the work as the Agreed Programme or any extension of time agreed. 1.4 Agree any requested variation cost with the Customer in writing before conducting any such Works. 1.5 Keep reasonable written records of variation work and their effect. 1.6 Agree at the outset any work to be sub-contracted. 1.7 Leave the property clean and tidy at the end of each and every day s work. 1.8 Dispose of any rubbish or unwanted materials from the premises. 1.9 Be responsible for any damage caused to the premises and its contents and same to neighbouring properties Keep the premises secure at all times Keep noise to a reasonable level. 2. Customer s Responsibilities The Customer shall: 2.1 Give the Builder/Tradesman access to the premises during the Agreed Programme period. 2.2 Remove any furniture and objects within the working area to allow the Builder/Tradesman reasonable access. 2.3 Allow the Builder/Tradesman to carry out the work in any sequence required to complete the work. 2.4 Treat the Builder/Tradesman with respect. 6

7 2.5 Pay the Builder/Tradesman as agreed in the agreement. 2.6 Confirm in writing any variation to the work. 3. Health and safety. The Builder/Tradesman: 3.1 Consider whether Construction (Design and Management) Regulation 2007 apply, and if so comply with any requirement of those regulations. 3.2 Prevent or minimise health and safety risk to the Customer, any work force and others that might be entering and leaving the Premises. 3.3 Comply with environmental and pollution regulations and requirements. 3.4 Make sure any temporary protection for the Agreed Work is safe and weatherproof. 3.5 The customer is to take notice of any notices put up by the Builder/Tradesman. 3.6 Protect the Premises at all times from access by visitors or children. 4. Extending the Agreed Programme. 4.1 An extension to the Agreed Period will be agreed by a fair and reasonable time if the Builder/Tradesman: (a) (b) Has to spend additional time on the work due to changes made by the Customer or Local Authorities. Cannot complete the work on time because of reasons beyond the Builders/Tradesman control, such as late or no decisions made by the Customer or extremely inclement weather. 5. Completion 5.1 On completion of the Agreed Work and following a joint inspection between the Customer and the Builder/Tradesman a reasonable snagging list will be issued. The Builder/Tradesman then has one month to complete all snagging issues and hand over any Guarantees and/or Warranties. 5.2 Apart from guarantees and or warranties the contractor remains responsible for faulty workmanship and or materials used for up to six years. 6. Termination of this agreement 6.1 The Customer may terminate the Agreement if the Builder/Tradesman: Does not work regularly and diligently 7

8 Is not meeting Health and Safety, environmental and/or pollution responsibilities. Does not Work competently or is careless leading to an unacceptable standard. Does not correct the work or situation within seven days of receiving a written warning by the customer. Is the subject of insolvency or bankruptcy proceedings. The Customer will need only to pay a reasonable some for work carried out and materials on site that are to a reasonable standard. 6.2 The Customer: Fails to make a payment without fair and reasonable justification. Stops or obstructs the work from being carried out and does not correct matters within seven days of receiving a written notice from the Builder/Tradesman then the Builder/Tradesman may end this agreement by giving a final written notice. Is the subject of insolvency or bankruptcy proceedings. If the Builder/Tradesman ends this agreement then the customer will within ten working days make a fair and reasonable payment for work and materials fairly and reasonably carried out or on the premises. 6.3 The Customer and the Builder/Tradesman can claim from each other for fair and reasonable costs and expenses which resulted from either side failing to keep to the terms of this agreement. 8