My Builder Contract – Terms and Conditions
These Terms and Conditions are the standard terms which apply to the provision of all services by My Builder Contract Ltd, a company registered in England under number 12746824, whose registered office is at 71-75 Shelton Street Covent Garden London WC2H 9JQ ENGLAND (“the Company”).
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings: “Agreement” means the contract into which you and we will enter if you accept our Proposal. The Agreement will incorporate, and be subject to, these Terms and Conditions; “Consumer” means a consumer as defined by the Consumer Rights Act 2015; “Client” means you, the party accepting our estimate or Proposal or placing an order with us. Where an individual is entering into this Agreement on behalf of a business, the individual confirms they have the authority to enter into this Agreement on behalf of that business and the business will be the Client in the context of this Agreement; “Project” means the development project as detailed in our Proposal, in relation to which we are to render our Services; “Proposal” means the proposal we give to you in accordance with clause 2 detailing the Services we will provide to you and the fees we will charge; “Services” means the Services we will provide as specified in the Agreement or otherwise agreed between the Parties; and “Site” means the site at which construction is to take place for the Project.
1.2 Each reference in these Terms and Conditions to:
1.2.1 “we”, “us” and “our” means the Company and includes all employees, agents and sub-contractors of ours;
1.2.2 “you” and “your” means the Client;
1.2.3 “writing” and “written” includes emails;
1.2.4 a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.5 a "Party" or the "Parties" refer to the parties to these Terms and Conditions;
1.2.6 “these Terms and Conditions” is a reference to these Terms and Conditions; and
1.2.7 a clause or paragraph is a reference to a clause of these Terms and Conditions.
1.3 The headings used in these Terms and Conditions are for convenience only and will have no effect on their interpretation. Words signifying the singular number will include the plural and vice versa. References to any gender will include the other gender. References to persons will include corporations.
2.1 We will prepare and submit a Proposal to you which will set out the Services to be carried out and our fee for doing so. This will be provided in the form of email or via post. Any price we provide will be valid for 30 days unless otherwise stated, and our Proposal will constitute our entire scope of works or part works. You may make changes to the Proposal before accepting it. You may accept the Proposal verbally or in writing.
2.2 By accepting our Proposal (whether verbally or in writing), or placing an order with us, you are accepting these Terms and Conditions and a legally binding Agreement incorporating these Terms and Conditions will be formed between you and us.
2.3 No terms or conditions stipulated or referred to by you in any form whatsoever will in any way vary or add to these Terms and Conditions unless otherwise agreed by us in writing.
2.4 Our Proposal is based on the information you provide to us at the time we prepare it. Should any errors or discrepancies become evident which affect our order value, we reserve the right to make adjustments to it.
2.5 Our Proposal is based on our Services being carried out during normal working hours (Monday to Friday, 9am – 5pm excluding bank holidays, public shutdowns ). Works required outside of these hours will incur additional costs.
3. Homeowner Residential Contract
3.1 We will provide you with an estimated turnaround time for your homeowner residential contract, when we provide our Proposal. This is subject to the order being received by us on the same day as our Proposal date. If our Proposal is not accepted on the same day, any turnaround time will be subject to change. Time will not be of the essence for the performance of our Services.
3.2 Payment is required in full, up front, before we will commence our Services. We will commence work as soon as the payment has been received and therefore reserve the right to charge the full order value (and no refund will be offered) should you cancel your order at any time after our Proposal has been accepted.
3.3 Any homeowner contracts we provide will be based on information provided by you in the “Client questionnaire Form” or if no form is issued, it will be based on your replies to any questions we send you or any information you provide via email, post or phone. If you are a returning Client, we will use information supplied to us previously, unless you expressly request otherwise. We will not check the information against site requirements, local conditions, building regulations or third party information. It is assumed for the purposes of producing a home owner building contract that plans supplied are accurate and approved by planning and building regulations and any/all statutory undertakings where relevant.
3.4 Any items not mentioned in the homeowner contract are deemed to be excluded.
3.6 We will provide a first draft of your homeowner contract and will require your feedback within 7 working days. It is your responsibility to check the homeowner contract at every stage for any changes you may require, together with any errors or omissions. Subject to availability, we will endeavour to make any changes to the homeowner contract within 2 working days of receiving your comments.
3.7 Once the final draft has been provided, any further amendments required, such as the incorporation of any additional documents into the homeowner contract will be subject to additional fees, chargeable at our current hourly rate in effect at the time. A minimum charge of 1 hour will apply and payment will be required in advance of any changes being made.
3.8 All homeowner contracts will be provided as a PDF.
3.9 We offer a free thirty minute telephone consultation to discuss your project requirements. Any advice required beyond this will be chargeable.
3.10 We accept no liability for any item lost in the post. Any drawings or plans posted to us should be full-sized copies of the originals.
3.11 Subject to clause 13, we accept no liability for any loss or damage you may incur as a result of any inaccuracy, mis-description or any other error in the information we provide. We expect you to ensure the details in the homeowner contract we provide is correct.
3.12 We will purchase a copy of the JCT Homeowner contract on your behalf from Sweet & Maxwell which will be used to produce your contract.
4. Client’s Obligations
4.1 You are responsible for: 4.1.1 Providing us with all relevant information to us that is necessary for us to perform our Services. Such information shall include, but not be limited to, full design and third party consultant information, architects documents, the priorities of the Project, the Project timetable, budgets and costing information, health and safety information and any information about or affecting the Site or construction work, which we will rely upon in performing our Services;
4.1.2 ensuring that any reasonable instructions issued to us are compatible with the specification of the Services provided in our Proposal;
4.1.3 ensuring that if any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, these have been obtained by you before we begin the Services;
4.1.4 providing us in a reasonable and timely manner with any decision, approval, consent or any other communication we may require in order to continue with the provision of the Services at any time;
4.1.5 ensuring that we can access the Site on the agreed dates and at the agreed times, if necessary, to provide the Services.
4.2 If you fail to comply with any of your responsibilities outlined in clause 4.1 above, we will not be held liable for any delays as a result.
The following Terms & Conditions apply on sales of JCT Home Owner Contracts which are published by Sweet & Maxwell. These are in addition to the My Builder Contract Term & Conditions
5 Warranties & Liability
5.1. My Builder Contract make no warranties, conditions or representations, express or implied, statutory or otherwise, and without limitation the implied terms of the merchantability and fitness of the contract for a particular purpose are excluded.
5.2. It is your responsibility to ensure that a contract is suitable for your needs and the entire risk as to the results of the use of the contract is assumed by you.
5.3. In no event will My Builder Contract be liable for any direct, consequential, or special damages or loss of any kind arising from a homeowner contract we produce however caused and whether arising under contract, tort, including negligence, or otherwise.
5.4. If any exclusion, disclaimer or other provision contained in these terms is held invalid for any reason and My Builder Contract becomes liable for loss or damage that could otherwise be limited, such liability, whether in contract, negligence or otherwise, will not exceed the amount actually paid by you for a document.
5.5. If any part of these terms is held by a court of competent jurisdiction to be unenforceable the validity of the remainder of the terms
6 Permitted Use:
6.1. You may not use a contract more than once.
6.2. Should you wish to use the contract in conference proceedings you must obtain the prior consent of Sweet & Maxwell and a charge may be payable in respect of such permission.
6.3. You may not copy or distribute by any means whatsoever a contract except one prepared for and, if relevant, executed by the parties to a specific construction project may be copied and distributed (including distribution by email) to third parties so far as such copying is necessary for the purpose of that construction project.
6.4. You may not remove, change or obscure any product identification or notices of proprietary rights and restrictions.
6.5. You may not remove, change or obscure the contact identifiers on a contract.