WGH Building

Builders North London, Hertfordshire, West Essex Customer relations

WGH Building hopes that by publishing the contract it will remove any questions that you may have regarding contractural relations with WGH Building.

Any querries relating to the above contract need to be addressed prior to entering into the contract.

Contact Details

William Henwood

Telephone number 07881 944 077

Email wghbuild@googlemail.com

Terms and Conditions of Contract

1). Contractors Obligation

i. In consideration for the payment of the Price the Contractor agrees to carry out the Works with due diligence and with all reasonable speed in a proper and workmanlike manner.

ii. The responsibility of this Contractor ends when a second contractor is employed by the Employer (e.g. Kitchen Fitters). The Employer must make the final payment in full in relation to the area effected before; the new contractor may begin work.

2). Plans, Specifications and Approvals.

i. Unless agreed otherwise in writing, the Employer is responsible for arranging with the relevant authorities permission to go ahead with the work and for the work to be inspected. The Employer will be liable to cover the Contractors cost that arise as a result of time delays and any changes in specification specified by the relevant bodies to the original design. A daily fee will be charged. The fee will include the cost of idle labour, plant and capital [interest rate will be at LIBOR + 2%].

ii. Any plans or specifications that form part of the description of the Works are attached and have been signed by or on behalf of the parties and form part of this Agreement. It is the Employers responsibility to ensure that the specifications in the drawings comply with planning and building regulations and any other legal requirements, and that they are of sufficient quality to enable the Contractor to complete the Works. The Contractor's responsibility is purely to build to the specifications provided. It is the Contractor's responsibility to ensure that any documents provided by the client are fit for the intended purposes.

3). Site Access and restricted Parking

i. The Employer agrees to make the site available from the agreed start date until conclusion of the Works; permitting access to work site by the Contractor at all reasonable times.
ii. The employer will be responsible for the provision of parking permits if required. The number of permits required will depend upon the number of operative working on the site on any particular day. All parking fines resulting from a failure to provide permits will be for the employers account. Where a meter payment is required the client will refund these costs. These costs are extra to the contracted price.

4) Variations to the Works

i. Variations to this Agreement will be effective either in writing or through verbal instruction. Written agreements must be signed for by both parties. These Agreements bind and benefit both parties and any successors.

ii. Where the Contractor is required by the Employer to carry out additional work or alterations to the agreed works and requires a written quote, in which case any such work and the fee payable for such work must be agreed between the parties before commencement. The fee falls due once the work commences. (A Fee of £400-00 will be charged for providing a quote).

iii. Where the Contractor is required by the Employer to carry out additional work or alterations to the agreed works and receives a verbal request for the work to be done without a quote this work will be billed at cost +30 %. Payment will be required immediately on presentation of the bill.

iv. Variations will not affect the timing schedule of payments for the original contract.

v. All quotes for work are based upon a foundation depth of one metre. Should circumstances dictate that the foundations depth needs to be increased and or the foundations need to be changed e.g. piled to meet the Building Inspectors requirements then these costs will be passed to the client in full?

5) Payment and Title of Goods

i. The contractor is to be paid a deposit of 30% once the site is cleared in preparation to the commencement of the project. The deposit is non refundable. 40% falls due once the brickwork commences 27% on completion and the balance once the snagging is complete. Payment is due immediately upon receipt of invoice. The Contractor retains the right to charge interest at the rate of 3% above base rate for any outstanding payments (outstanding payment will be classified as outstanding if it is older than five working days). This condition also applies to dishonoured cheques in which an additional fee of £25.00 will be charged per cheque. Recovery of debt will be made through a third party. Their fees will be added to the bill.

ii. Title to the goods or materials supplied under this agreement shall pass to the Employer only on receipt of the final payment. The Contractor shall be entitled to bring an action against the Employer for the price of any goods, labour and/or materials supplied but not paid for.

iii. In the event of the Employer failing to make any payment due under the terms of this agreement or otherwise defaulting in any of his/her obligations hereunder or becoming insolvent or having winding up proceedings (whether compulsory or voluntary) commenced against the employer then the Contractor may at their discretion suspend or terminate the supply of any goods and/or services or terminate this agreement and recover any reasonable losses from the Employer.
iv. The Employer who decides to cancel the order after work has begun will have to refund the contractor 30% of the original tendered price, plus all expenses that the contractor may have incurred up to this date in relation to materials and subcontractor payments and any costs that the contractor may have to incur as a result of contracts the contractor has entered into on behalf of the Employer.
v. All other disbursements are for the Employers account.

5) Consequential Losses

The Contractor will not be liable for any loss or consequential liability or damage sustained by the Employer by reason of Act of God, War, Riot, Fire, Government Control, Abnormal Weather, by misuse from the Employer or any Persons not connected in any way to the Contractor or any other circumstances beyond the Contractor's control.

6) Subcontracting

The Contractor may Sub-Contract or assign at its discretion all or any part of its obligations under this contract but will remain responsible for the Works.

7) Disposal of Waste

All waste will be disposed of using a licensed waste disposal company. (Any charges that the council may levy excluding the cost of a permit to park a skip on the road will be charged to the Employer as an extra).

8) Joint Liability

Where the Employer consists of two or more people then liability on the part of the Employer under this agreement shall be deemed to be joint and several.

9) Arbitration

Without prejudice to the legal rights of either party, any dispute or difference arising out of or in connection with this contract shall be determined by the arbitration of a single arbitrator who failing agreement shall be appointed by the Institute of Arbitrators or a similar body.

11) Completion Date

The Contractor will make every reasonable effort to complete the work within the timeframe specified.
This date will be extended to take account of:-
a) Any delays caused by the Employer due to the employer adding to or introducing variations to the original contract.
b) Adverse weather conditions
c) The Contractor having due cause to suspend the contract
d) Any other delay not under the control of the Contractor

12) Health & Safety

The Contractor will be responsible for the Health & Safety issues relating to the Works.

13) Specialist Skills

Damp Proofing/ Damp Problems/ Structural Calculations/ Subsidence/ Ventilation etc. WGH Building is not a specialist in these areas. It is the responsibility of the employer to call in a specialist or we can arrange for a specialist on the client's behalf. The specialist will act on behalf of the client and will bill the client directly.
Work carried out to the specialist's instruction will be at cost +30%.

14) Contract

This contract is governed by the law of England and Wales.

I accept these Terms and conditions of contract and agree to abide by its terms.

SIGNED ......................................................... Name .........................................................
Signed by or on behalf of the Contractor

I accept these Terms and conditions of contract and agree to abide by its terms.

SIGNED ......................................................... Name .........................................................
Signed by the Employer

SIGNED ......................................................... Name .........................................................
Signed by the Second Employer