Surveyor Name: RCB Construction Group Contract Agreement and Terms and Conditions NOTE: This contract is NOT a WORD document that can be edited. It is produced by our automated online system and automatically filled out. Surveyor Name: Contents Articles of Agreement Article 1: Appointment of the Contractor (delete or tick as appropriate) Article 2: Contract Documents Article 3: Contract Sum Article 4: Stage Payments Article 5: Non - Refundable Deposit Article 6: Legal proceedings Article 7: Guarantee of the contractor Article 8: Enforceability Contract Particulars TERMS AND CONDITIONS Section 1 Definitions and Interpretations Section 2 Parties Obligations Section 3 Carrying out and Control of the Works Section 4 Payment Section 5 Copyright, Insurance, and Warranty Section 6 Termination Section 7 Remainder of payment obligations Section 8 Publicity Schedule A Stage Payment Schedule B Day Rates Attestation Surveyor Name: This Agreement is made on Between The Guarantor: RCBS Limited (Company No ) of 347 Barking Road, London, United Kingdom, E13 8EE And The Client: (Company No.) Of An d The Contractor : RCBS Limited of 347 Barking Road, London, United Kingdom, E13 8EE (Company No. ) For Client address: ............................................................................................................................. ...................... ............ (The works). 1 Insert company number if Client is a company incorporated under the Companies Acts or a company registered under the laws of another country. Articles of Agreement Surveyor Name: A. The Client has employed or intends to employ the Guarantor to design, procure and manage the delivery by the Contractor of the Works at the Site in accordance with the Specification (the "Project"). B. The Guarantor has selected the Contractor to construct the Works for the Client in consideration for the Contract Sum, which the Client shall pay to the Contractor alone. C. The Guarantor accepts ultimate responsibility for the completion of the Works in accordance with the Specification and will guarantee to the Client the due performance by the Contractor of its obligations under this Contract. D. The Contractor will complete the Works under the overarching supervision of the Guarantor and the Contractor remains accountable to the Guarantor for the Works. E. The Client alone will be responsible for payments to the Contr actor and will have day−to−day contact with the Contractor regarding the Works and progress of said Works, as set out in the Terms and Conditions of this Contract. F. It is recommended that the Client obtains appropriate Party Wall advice and commissions a su rvey of conditions before the Works start. G. It is recommended that the Client seeks independent legal advice on the terms of this agreement and acknowledges by signing this Contract that it has done so or has otherwise waived the opportunity to do so. BACKGROUND AND INTER - RELATIONSHIP BETWEEN THE PARTIES Subject to the terms of this Contract: Surveyor Name: Article 1: Appointment of the Contractor The Client agrees to engage the Contractor to complete the design of the Works and carry out and complete the construction of the Works in accordance with the Contract Documents and the Terms and Conditions in this Agreement. The Client has provided the Contractor with the plans and design drawings and agrees to engage the Contractor to carry out and complete only the construction of the Works in accordance with the Contract Doc uments and the Terms and Conditions in this Agreement. The Contractor accepts such appointment, and the Client alone agrees to pay the Contract Sum to the Contractor only, in accordance with the provisions contained in this Agreement. Article 2: Contract Documents The Contract Documents shall consist of: This Agreement, the Contract Particulars, and the Terms and Conditions. The Specification. The Documents (if any) annexed to this Agreement. As further detailed in the Contract Particulars to this Agreement. Article 3: Contract Sum The Contract Sum is: £55,573.70 Inclusive of VAT sum is: £66,688.44 For the avoidance of doubt, the fee payable for any Permitted Development and Planning Permission Application IS NOT included in the Contract Sum. Article 4: Stage Payments The Client shall pay the Contractor the Contract Sum, as adjusted, in stage payments at such time stated in the Contract Particulars and in the manner stated in the Terms and Conditions. Articles Surveyor Name: Article 5: Non - Refundable Deposit The Client shall pay the Contractor, upon signing this Contract, a deposit (the " Non - Refundable Deposit ") in the sum of (£6,668.84) inclusive of VAT Article 6: Legal proceedings The English courts shall have jurisdiction over any dispute or difference between the Parties which arises out of or in connection with this Contract. Article 7: Guarantee of the Contractor The Guarantor accepts ultimate responsibility for the completion of the Works in accordance with the Client's Specification (as may be varied, modified, amended or supplemented from time to time) and guarantees to the Client the due and proper performance by the Contractor of the Contractor's duties and obligations to the Client under this Contract. If the Contractor suffers an insolvency event that shall not affect or reduce the Guarantor's liability under this guarantee. The Client may not recover any more under this guarantee in respect of any matter than the Client would be entitled to recover from the Contractor in respect of that matter, and the Guarantor shall be entitled to rely on the same defenses (including any rights of set−off, or limitations of liability) and counterclaims as those which the Contractor is entitled to raise under this Contract. The Client may not st art proceedings against the Guarantor under this guarantee in respect of any claim if any proceedings against the Contractor in respect of that claim would be statute−barred. The Client may assign or charge the benefit of this guarantee to any person to whom the Client lawfully assigns or charges the benefit of the Contract. The Client shall notify the Guarantor promptly of any assignment. If the Client fails to do this, the assignment shall still be valid. No one other than a party to this Contract, their successors, and permitted assignees, shall have any right to enforce any of the terms of this guarantee. Article 8: Enforceability If for any reason any provision of this Contract shall be declared (by a tribunal of competent jurisdiction) to be invalid, unenforceable or illegal, such invalidity, unenforceability or illegality shall not prejudice or affect the validity, enforceability or legality of the remaining provisions Surveyor Name: of this Contract Surveyor Name: 1. Contract Documents (Article 2) (Insert Reference Numbers and dates Identify the documents 2. Address for Notices and Communications Address for service of notices by the Parties (If none is stated, the address in each case, shall be that shown at the commencement of the Agreement) Contract done based on the Quotation send and agreed by the Client 04/11/2022 Client Fiona Do Thi Constructor _RcbGroup Guarantor RCBS Limited (Company No 09500269) of347 Barking Road, London, United Kingdom, E13 8EE 3. Project Timescale Upon the signing and execution of this Contract and upon the Contractor receiving the Non−Refundable Deposit in cleared funds, the timescale for the planning and structural process shall be as follows : 3.1 From commencement on site to completion of the plaster finish of the Project, the estimated timescale excluding any time period required for the planning process and subject to any extension of time is: . 7 to 10 weeks The Client agrees that the Contractor does not guarantee the timescale for the planning process. 3.2 Once the Client has approved all plans, structural designs and all of the Party Wall notices are in place it shall give to the Contractor notice in writing to commence the Works on site. The Works will then typically start within 2 − 6 weeks of such notice from the Client but this is entirely dependent on the time of year and canchange due to current market demands. Contract Particu lars Surveyor Name: 3.3 The following are indicative stages of the Works provided to give a rough estimate of the Project period: . 1 Architect to get the survey team on site in 1 week. 2 Architect to produce the first draft of plans including any queries for the Client 2 / 4 weeks. 3 Estimated time scale from the first draft design being issued to Client and Client responding to any queries from Architect (within 24 hours) 1 - 2 weeks. 4 Subject to the above, plans approved by the Client and Architect can then be submitted to the appropriate Council for Permitted Development or Planning as appropriate. 5 If the Client decides to proceed with a Permitted Development application without formal approval of the council, then it will notify the Contractor of its decision to do so and thereby the Client takes full responsibility for doing so (see Clause 2.17 herein). In such circumstances, the Client shall give the Contractor a minimum of 4 weeks’ notice to commence the Works. 6 If an Application for Planning Permission is required then this could take around 8 weeks and the Contractor will not commence the works until such permission is granted or unless the Client instructs the Contractor to proceed without permission and in such circumstances the Contractor shall not be liable for any delay nor damage/costs incurred as a result (see Clause 2.18 herein). 4. Attendance 4.1 Items of attendance which the Client shall provide to the Contractor free of charge single phase supply of electricity at 240v for temporary site accommodation. ( Not applicable ) Use of sanitary accommodation. provision of reasonable measures to prevent access by unauthorized persons. 4.2 Clearance of rubbish All rubbish resulting from carrying out of the Contract Works is to be disposed of off - site. Any Client’s personal rubbish shall be disposed of by the Client. 5. Stage Payments The stage payments shall be in accordance with Schedule A 6. Materials 1 A 20% (twenty percent.) overhead cost, plus VAT shall apply to all materials used in any variation to or additional works undertaken under this Contract. Surveyor Name: DEFINITIONS Except where the context otherwise requires or the Agreement or these Conditions specifically provide otherwise, the following words and phrases, where they appear in capitalized form in the Agreement or these Conditions, shall have the meanings stated or referred to below: Word or phrase Meaning Agreement the Articles of Agreement to which these Conditions are annexed, consisting of the Background, the Articles and t he Contract Particulars. Article an Article in the Agreement Business Day Any day which is not a Saturday, a Sunday or a Public Holiday Conditions the terms and conditions set out in sections 1 to 7, together with and including the Schedules hereto. Contract the Agreement together with the Terms and Conditions. Contrac t Particul ar s the particulars of the Agreement and there described as such, including the entries made by the Parties. Parties the Client, Guarantor, and the Contractor together. Party either the Client, the Guarantor, or the Contractor, Practical Completi o n the date, as certified by the Site/Project Manager that the Works are practically complete and free from any apparent defects, after all agreed snagging has been carried out and subject to the final payment made to the Contractor as specifiedin the Contract Particulars. TERMS AND CONDITIONS SECTION 1 DEFINITIONS AND INTERPRETATIONS Surveyor Name: Provisional Sum Includes a sum provided to work that the Client may or may not decide to have carried out, or which cannot be accurately specified in the Contract Documents. Public Holiday Christmas Day, Good Friday, or a day which under the Banking and Financial Dealings Act 1971 is a bank holiday. Scheme Part 1 of th e Schedule to The Scheme for Construction Contract (England and Wales) Regulations 1998. Site Place or location where the Works are to be carried out. Site Materials All unfixed materials and good delivered to and placed on or adjacent to the Works which are intended for incorporation therein. Specified Perils Fire, lightning, explosion, storm, flood, escape of water from any water tank, apparatus or pipe, earthquake, aircraft and other aerial devices or articles dropped therefrom, riot and civil commoti on. Statutory Requireme n ts any statute, statutory instrument, regulation, rule, or order made under any statute or directive having the force of law which affects the Works or performance of any obligations under this Contract and any regulation or bye−law of any local authority or statutory undertaker which has any jurisdiction with regard to the Works or with whose systems the Works are,or are to be, connected. VAT Value Added Tax. Works Tasks carried out pursuant to this Contract during the construction phase, from commencement until Practical Completion. Working Hours Means Monday − Friday (08:00 − 18:00); Saturday (09:00 − 13:00); Sundays and Bank Holidays (no working). Surveyor Name: Agreement to be read as a whole The Agreement and these Conditions are to be read as a whole but nothing contained in the Contract Drawings, the Specification or the Contractor’s quotation or emails with options prices all override or modify the Agreement or these Conditions. Headings, references to persons, legislations, etc In the Agreement and these Conditions, unless the context otherwise requires: .1 the headings are included for convenience only and shall not affect the interpretation of this Contract; .2 the singular includes the plural and vice versa; .3 a gender includes any other gender; .4 a reference to a “person” includes any individual, firm, partnership, company or any other body corporate; and .5 a reference to a statute, statutory instrument or other subordinate legislation (‘legislation’) is to such legislation as amended and in force from time to time, including any legislation which re−enacts or consolidates it, with or without modification. Reckoning period of days Where unde r this Contract an act is required to be done within a specified period of days after or from a specified date, the period shall begin immediately after that date. Where the period would include a day that is a Public Holiday that day shall be excluded. Contracts (Rights of Third Parties) Act 1999 Notwithstanding any other provision of this Contract, nothing in this Contract confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it. Surveyor Name: N otices and other communications Unless otherwise provided in these Conditions, any notice or other communication under this Contract must be writing but may be given or served by email or registered or certified mail by courier to the recipient at the address specified in the Agreement or such other address as he shall notify to the other Party. If no such address is then current, the notice or other communication shall be treated as effectively given or served if addressed and sent by pre−paid post to the recipient’s last known principal business address or (where a body corporate) its registered or principal office. The Parties acknowledge that the Guarantor may communicate directly with either or both of the Client and the Contractor concerning any matters arising out of this Contract and the performance of the Works. Other than where expressly stated in this Contract, the Guarantor may not issue instructions to the Contractor or the Client or otherwise interfere with the Contractor's management and performance ofthe Works and any services. Applicable law This Contract shall be governed by and construed in accordance with the law of England and Wales. NON - REFUNDABLE DEPOSIT Clause removed. Subject to clause 2.5, the Client hereby otherwise agrees to, and waives any contractual or statutory right to a refund of, the Non−Refundable Deposit. not limited to, the cost of plans and drawings , full or partial planning application (if any), overheads, any claim for loss of profit, loss of business opportunity and/or damages. SECTION 2 PARTIES OBLIGATIONS Surveyor Name: The Client agrees that the Non−Refundable Deposit is a reasonable estimate of, but The Client agrees that it shall pay any costs reasonably incurred by the Contractor where the costs, described in 2.3 above, exceed the Non−Refundable Deposit. The Client shall be entitled to a refund of the Non−Refundable Deposit if, and only if, the Guarantor elects to terminate this Contract pursuant to clause 6.7. If such a situation occurs the Client will be refunded the Non−Refundable Deposit in accordance with clause 6.10. Contractor’s obligations The Contractor shall carry out and complete the Works in a proper and workmanlike manner and in compliance with the Contract Documents, appropriate industry standards, and any other statutory requirements which may be applicable. The Contractor shall not be responsible for any pre−existing defects to buildings, structures, roofs, electrical, or plumbing systems on Site. Where the Client has opted for design to be undertaken by parties other than the Contractor, the Contractor shall not be responsible for any errors, omission, or discrepancies in the design of the Works, particularly as concerns Site conditions encountered or compliance with current building control standards. Where during (but not f ollowing) the construction of the Works settlement damage is caused by the Works to the Client's property or to the Client's neighboring properties, the Contractor will use reasonable endeavors to stop further damage happening and to rectify and make good any damage so suffered. Subject to clause 2.18 (Third Party Contractors), where the damage has or may have been caused by the Contractor's negligence the cost of remedy will lie with the Contractor. Where the Contractor has not been negligent the Contractor will aim to make good any damage to the Client's property to the Client's reasonable satisfaction, at nil cost. This work has to be requested by the client in writing no later than 12 months after the warranty issue date. If the client fails to inform the Contractor within this 12− month period, the client will need to pay or reimburse the Contractors costs. The Contractor will not be liable for such costs in carrying out such remedial works to any neighboring properties and the Client will pay or reimburse the Contractor. Surveyor Name: Design and Regulatory Approval Where the Client has opted for design to be undertaken by the Contractor, the Contractor shall instruct and arrange for the Contract drawings and plans to be drawn up by designers of its choice and the Contractor shall be responsible for any errors, omissions, or discrepancies in the design of the Works, other than as concerns undisclosed Site conditions encountered. The Contractor and/or Guarantor cannot guarantee the dimensions shown in the design, produced by the designers, are achievable. We will endeavor to give the client a design that meets their requirements before the work commences, but sometimes site conditions mean what is planned may be subject to change. Also, the Contractor and/or Guarantor cannot guarantee that planning / permitted development approval will be gained for the design quoted for in the original quote. NOTE: For example, we may quote for a Rear and L−section dormer loft conversion and find planning may not approve the L−section element. The Contractor shall act as the Client’s agent in matters of regulatory and planning approval including in relation to any appeal or appeals against a decision relating to any Regulatory Approval. The Contractor shall not be liable to the Client for any damages, costs or compensation as a result of any works carried out without lawful planning permission where the Client requests, requires or instructs the Contractor to start the work before planning consent is obtained. The Contractor shall not be liable for any delays resulting from the Planning Permission process. Once Planning approval or consent is obtained, the Contractor shall give notice to the Client of its intended commencement o f the Works in accordance with the Contract Particulars. Client’s Obligations The Client shall give the Contractor uninterrupted access to the Site during the Normal Working Hours. Surveyor Name: Other than in respect of the Works areas and any access areas leading up to the Works areas (weatherproof protection of which will be as detailed for the Contractor in the Specification) the Client shall at its own cost be responsible for maintaining and protecting (against the weather or otherwise) the remainder of the Site. Further to this the Contractor will not be responsible for reinstatement of the client’s garden i.e. replacing patios, turf etc. Which may suffer some damage due to storage of materials and access. Subject to the Contractor securing the Site access points to the Works areas, the Client shall be responsible, at its own cost, for the security of the Site and for the protection of its possessions and property at the Site. Small i tems of value (e.g. cash, watches, jewellery, etc) MUST be removed completely from the Site before the Works start. The Client must remove any large items of value from the Works areas of the Site before the Works start, or as the Guarantor or the Contractor may direct. Any items disposed of due to non−removal will not be replaced or reimbursed to the Client. Neither the Guarantor nor the Contractor will take any responsibility for lost, broken or stolen items left at the Site by the Client. The C lient shall be responsible for removing or relocating any satellite and alarm systems or objects affixed to the property before the commencement of the Works or the installation of scaffolding. The Client shall not employ any third−party contractors to carry out any element of the works, which forms part of the Works within this Contract, without the written consent of the Contractor. Should the Parties agree to remove any element from the scope of Works, then the Contract Sum shall be adjusted according ly and the Contractor is entitled to loss of profit on those elements. Waiver of Rights by Client In the event the Client instructs the Contractor to proceed with the Works before Lawful/Permitted Development has been granted and confirmed by the relevant Council and/or Authority such Work will be undertaken entirely at the risk of the Client. If the Works have commenced and such Council and/or Authority deems the Works as not a Lawful/Permitted Development and therefore planning permission is requ ired, the Client shall be exclusively liable for any and all costs or damages resulting, and the Contractor will have no liability whatsoever for any costs or damages that may be incurred as a result. Further the Client will not pursue the Contractor nor a ny of its sub−contractors or agents as a result of such costs or damages. Surveyor Name: In the event the Client instructs the Contractor to raise the ridge of the roof or otherwise extend the Works beyond any Lawful/Permitted Development or without p lanning permission, such Works will be entirely and exclusively at the Client’s risk. If the relevant Council or Authority is made aware of such a contravention, retrospective planning may be necessary which again will be entirely at the risk and cost of t he Client. If such retrospective planning is not successful then the Works may have to be modified which again shall be at the exclusive cost and risk of the Client. The Client agrees that it shall pay to the Contractor all of the costs reasonably incurred as a result of such a situation as set out above and waives its right to pursue the Contractor and/or any of its subcontractors or agents under this contract and/or at law in respect of the same.( Not applicable ) Materials The Contractor shall retain the title to all materials, whether on site or off−site, until full payment has been received of all sums due under the Contract. Any unused materials and goods delivered to the Site shall remain the property of Contractor. The Client shall ensure that no materials are annexed to the Site or affixed to the Works by any other parties except by the Contractor. The Client shall be responsible to check materials or goods ordered by them are free from defect and damage, including when those materials or goo ds are in transit to the Site. PROJECT MANAGER The Contractor shall appoint and ensure the provision of a Project Manager in regard to the Works. Where the Project Manager is tasked with issuing certificates and awarding extensions of time (if any) or otherwise exercising a discretion in administering this Contract, the Contractor shall procure that the Project Manager acts fairly and impartially when exercising such power. SECTION 3 CARRYING OUT AND CONTROL OF THE WORKS Surveyor Name: Comme ncement and Completion The Works may be commenced on and shall be completed by the periods stated in the Contract Particulars or as agreed by the Parties. Commencement of the Works is deemed to take place only after the scaffoldings have been affixed to the Client’s property and all materials and plants necessary for the Works have been delivered to Site. ( Not applicable ) Completion of the Works is deemed to take place when the Project Manager issues a Certificate of Practical Completion certifying t hat in his opinion the Works are practically complete, subject to the Client making the full and final payment as specified in the Contract Particulars. Extension of Time If and whenever it becomes reasonably apparent or should have become reasonably apparent that the Works will not be completed by the Date for Completion either as stated in the Contract Particulars or any later or other date agreed by the Parties for reasons beyond the control of the Contractor, including compliance with any instructi on of the Client then the Contractor shall thereupon either orally or in writing so notify the Client who shall, either orally or in writing, give such extension of time for completion as may be reasonable. The Contractor shall be entitled to a minimum of one−week extension of time for each variation to the Works. The Contractor shall be entitled to an extension of time to the Project time scale for reasons which include but are not limited to: .1 any event which is outside of the control of the Contractor. .2 any breach of contract by the Client. .3 any delay for which the Client is responsible, such as late approval of drawings and quotations, late payments, lateness in obtaining a Party Wall Award; .4 any unforeseen ground conditions, including any under soil pores; ( Not applicable ) .5 any severe weather conditions; .6 any Specified Perils; .7 discovery and removal of / remediation arising from asbestos. Surveyor Name: The Contractor shall be entitled to an extension of time to the program or project time scale should it encounter any delay, outside its control, as result of the manufacture and delivery of certain items for the Works such as windows and doors which sometimes can only be measured up mid−way through the Works. Should the Parties fail to agree on a Date for Completion or on an Extension of Time, the Contractor shall complete the Works within a reasonable period of time. Variations Any extra or additional work required, requested or instructed by the Client, not already covered under this Contract, shall be deemed a variation. We list in our client specification all the items we have included in our contract. If an item is not listed in the client specification, it is not included in the contract and will deemed to be a variation. Please note we do not accept that the timing / sufficient notice of WHEN a client is made aware of a variation, is a valid reason for the client to not be c harged for the variation. Measurements taken at the Site are approximate and are subject to variations depending on site conditions and/or Regulatory Approval requirements. No such variation shall entitle the Client to cancel the Contract or to claim compensation. All variation requests or instructions from the Client must be made to the Project Manager. At no time shall workmen on site be requested directly to carry out extra work. If the client decides to remove activities from the original contr act scope i.e. Negative Variations, the Contractor holds the write to charge up to 20% of the total negative variations cost. The client agrees that this is a fair estimate for loss of profit. Valuation of Variations Before the start of any work that constitutes a variation, the Contractor shall submit a written quotation to the Client. The Client must communicate its acceptance of the quotation in writing to the Contractor before any variation works is executed. For each variation, the Client shall pay 50% of the value of the quotation in advance and the remaining 50% must be paid at the practical completion of the variation works. Surveyor Name: Typical Variations Examples of typical variations where the Contractor shall be entitled to an extension and/or a change in price include: .1 Kitchen Fitting − Where the Contractor is responsible solely for the fitting of a Kitchen unit supplied by the Client, it shall be the responsibility of the Client to check the accuracy of the Kitchen design and that no part or parts are missing in the kitchen delivered to Site: .1 the Client takes longer than 2 days, from the time the Contractor has started fitting the kitchen, to supply any missing parts to the Contractor from; .2 the Contractor encounters any u nforeseen problems during the fitting of a Kitchen unit, such as an uneven wall, that may require modification to the Kitchen unit; .3 there is a mistake in the design of the Kitchen unit and the design is rectified by the Contractor. .2 Tiling − Where the Client requires any other type of tile or design other than the ones used under this Contract. The Tiles quoted under this Contract are not made of glass (splash backs) and the design is either “bricked” or “grid”. .3 Mixed Wood and Tile Flooring − Where the Contractor has level a floor area to accommodate the installation of a mixed wood and tile flooring. .4 1 st Fix Positioning − Where the Client wrongly or fails to specify positions, height and floor position, of 1 st fix plumbing and electrics such as sockets, lights, light switches, radiator positions, any costs incurred to rectify any wrong 1 st fix positioning .5 Design - insufficient Design Supplied By Client − Where the design supplied by the Client is inadequate or insufficient resulting in defects in the works and the Contractor has to rectify such defects. .6 Design - changes to initial Specification − Where the Client requires or request the Contractor to show additional items in the design, such as windows, additional floor space, that does not form part of the initial Specification. .7 Design - changes after Client’s Approval − Where the design is produced by the Contractor or its agents and approved by the Client, any changes or amendments to the design after the submission of the design for regulatory approval. .8 Doors − Where the Client request or instruct the Contractor to use doors other than white bi−folding doors with a maximum 4−panel system.