Terms & Conditions - Agreement

Customer’s name: ..............................................................

Address: .............................................................................

Phone number: ...................................................................

Email address: ...................................................................

Address of the premises where the work will be done: .....


Contractor’s name: ............................................................ 

Business name: ................................................................. Andrews Design Construction

Address: ..............................................................................27a High Street, Lyndhurst, SO43 7BE

Phone number: .................................................................. 02380 284211, 077122 98496

Email address: ................................................................... info@andrewsdesign.co.uk


This contract is in two parts:

Part 1 - The arrangements for the work

Part 2 - The conditions.


Part 1

A The work to be done

The arrangements for the work

1. Give a short description of the work to be done: ......................................................................

2. A full description of the work to be done is given in the documents ticked below. They are called the work details and have been        drawn up and agreed between the customer and the contractor.

    Contractor’s Date of quotation: ..............................................

    Drawings Identifying numbers: ...............................................

    List of work: ..............................................................................

    (Both the customer and the contractor should initial the documents)

B Planning permission, building regulations

1. The contractor will apply for any planning permission, building regulations approval and party consents that may be needed                unless the customer indicates otherwise by ticking an appropriate line below.

     The customer will apply for the following:

     Notice: .....................................................................................

     Planning permission: ..............................................................

     Building regulations approval: ...............................................

     Party wall consents: ................................................................

2. If applicable, the contractor will not start work at the premises before any planning permission and party wall consents that are         needed have been received. The contractor can start work before building regulations approval is received, but he must let the           local authority know at least 48 hours before he starts.

C Using facilities on the premises

    The customer has ticked below the facilities which he will allow the contractor to use free of charge:

     Electricity .......

     Washroom/toilet .......

     Water .......

     Safe storage space .......

Customer’s signature ..................................................

     Date: .............................

D Price

1. The price for the work shown in the work details is ................................  and is/or not .....subiect toVAT.

2. The price does not include eventually the contractor’s costs for applying for planning permission, building regulations approval            and party wall consents (unless the customer is applying for these, see B1). If the work does not go ahead the customer will 

      pay the contractor’s costs for making those applications.

3. The price also includes the contractor’s costs of dealing with any unexpected problems which he could have discovered by                  carrying out a careful inspection before the price was agreed, excluding of the discovery of old graves, unexploded bombs and          ammunition, an old and not included in the plans remains of structures, hollows under ground and granite rocks.

4. If the customer changes the work details the price will be increased or reduced depending on the changes made. (See condition      5.)

5. The price for the work shown in the work details, together with all the increases or decreases made to it, will be the total price.

6. The contractor reserves a right to use a handling charge of 15%, for all materials and another costs, which will be necessary due       to main, extendedor additional works.

E Payment

1. The customer will pay the total price for the work when the contractor finishes all the work; or the agreed instalments shown             below (together with any price adjustment for changes to the work) when the relevant stage of the work is finished.

Stage Instalment

     0. One upfront payment of ....% (if applicable)................................£

     1.  ............................................................................................................£

     2.  ............................................................................................................£

     3.  ............................................................................................................£

     4.  ............................................................................................................£

     5.  ............................................................................................................£

     Total .....................

F The working period

1. The contractor will start the work no later than ..................... and finish it by ......................  The work will be finished                               within... weeks from a start date to be agreed between the customer and the contractor.

2. The work is finished when the contractor has properly done everything shown in the work details and any changes made to them.

3. The working period will be extended in certain circumstances. (See condition 6(a).)

4. The contractor does not have to provide any goods or services listed in condition 10(f) before the end of the seven-day                         cancellation period referred to in condition 10(a). If the customer would like the contractor to provide any of those goods or               services before this time, the customer must confirm this in writing. The customer accepts that he may have to pay for those             goods or services, even if he later cancels this contract.

Customer’s signature ..................................................

     Date: .............................

G Product guarantees

    The contractor will give the customer any guarantees issued by the manufacturers of products installed in the work, unless a             suppliers had provided these at their websites.

H Insurance

Before the work starts:

1. The customer will tell his household insurers, if any, that he is about to have work done at the premises.

2. The contractor will have an “all risks” insurance policy to cover himself and the customer for the full costs of damage to the                work and to unfixed materials which are on the premises before being used in the work.

3. The contractor will have an up-to-date public liability policy for death or injury to people and damage to property.

I Working hours

The customer will allow the contractor to do the work:

- between .... am and .... pm from Monday to Friday

- between .... am and .... pm at Saturday

- between .... am and .... pm at Sunday, unless they agree otherwise, and only in case of urgent need for extended working hours.

J Occupation and security of the premises

1. The customer has ticked a box below to show whether the premises will be lived in while the work is being done.

    The premises will be lived in ..... The premises will not be lived in .....

2. If the premises are unoccupied at any time while the work is being done, the contractor will take practical and common-sense           precautions to deter intruders entering.

K Disputes

1. The customer or the contractor can start court proceedings to settle any disputes.

2. The customer or the contractor can have disputes decided within 21 days by an adjudicator appointed under an adjudication             scheme for this contract. The adjudication scheme is run by The Royal Institution of Chartered Surveyors (RICS), the Royal 

     Institute of British Architects (RIBA), or the National Specialist Contractors Council (NSCC). This is as well as the right to go to           court.

3. The contractor agrees that if he wants a dispute to be decided by adjudication, he will not apply to the National Specialist                   Contractors Council.

4. If the customer or the contractor chooses adjudication to decide disputes, they both accept that the cost, rules and procedures         involved will become part of this contract. Free details of the cost, rules and procedures for adjudication are available from the         following:


     The Royal Institution of Chartered Surveyors

     Dispute Resolution Service

     Surveyor Court

     Westwood Way

     Coventry, CV4 8JE

     Phone: 020 7222 7000

     Fax: 020 7334 3802

     e-mail: drs@rics.org.uk


     Royal Institute of British Architects

     Adjudication Administrator

     66 Portland Place

     London, W1N 4AD

     Phone: 020 7307 3649

     Fax: 020 7307 3754

     e-mail: adjudication@inst.riba.org


     National Specialist Contractors Council

     Royal London House

     22-25 Finsbury Square

     London, EC2A 1DX

     Phone: 0844 249 5351

     Fax: 0844 249 5352

     e-mail: enquiries@nscc.org.uk

Customer’s signature ...................................... Contractor’s signature .........................................

     Date: ..........................................

Part 2

The conditions

1. The customer and the contractor are working in cooperation, with a good will to achieve the effect of this agreement, and                   especially as stated below:

     (a) The client ensures that has sufficient financial resources to cover the whole remuneration of the contractor, arising from the          implementation of this agreement.

     (b) The Contractor shall ensure that he has adequate knowledge and capabilities to pursue the object of this agreement.

2. Contractor’s responsibilities

     The contractor will do the following:

     (a) Carry out the work set out in the work details carefully and competently.

     (b) Use materials which are of satisfactory quality and suitable for their intended purpose. The materials will be new unless the          customer agrees otherwise in writing.

     (c) Start and finish the work within the working period or any extension made to it.

     (d) Be at the premises regularly to carry out the work during the agreed working hours.

     (e) Store away his tools and equipment and ladders at the end of each working day.

      (f) Regularly dispose of any rubbish from the work.

     (g) Be responsible for any damage he may cause to the premises and its contents or to neighbouring properties.

     (h) Leave the working areas in a clean and tidy condition after finishing the work.

      (i) Keep to all his legal duties and responsibilities.

3. Customer’s responsibilities

     The customer will do the following:

     (a) Give the contractor access to the premises during the agreed working hours throughout the working period.

     (b) Keep the working areas sufficiently clear of obstructions to allow the contractor to carry out the work.

     (c) Allow the contractor to carry out the work in an order which he considers necessary to finish the work on time.

4. Health and safety

     (a) The contractor will take all practical steps to:

          - prevent or minimise health and safety risks to the customer and other people living in or visiting the premises;

          - minimise environmental disturbance, nuisance or pollution from the work; and          

          - make sure that any temporary protection for the work is safe and weatherproof.

     (b) The customer will:

          - take notice of all warnings the contractor gives about any health and safety or environmental risks which he is taking                          measures to prevent or minimise; and

          - not knowingly allow people living in or visiting the premises, particularly children, to be exposed to any dangers from the                    work.

5. Changing the work details

     Only the customer can change the work details. Changes will be dealt with as follows:

     (a) If the changes increase the amount of work shown in the work details and the contractor agrees the changes, he will quote a       price for the extra work and time involved. The customer will then decide whether to go ahead with the changes.

     (b) If the changes reduce the amount of work shown in the work details the contractor will make an appropriate reduction in the        price.

     (c) If the changes alter the cost of any items in the work details without increasing or reducing the amount of work involved, an         appropriate adjustment of the price will be made to reflect those changes.

6. Extending the working period

     (a) The customer will extend the working period by a fair and reasonable amount if the contractor:

          - has to spend extra time on the work because of changes made to the work details; or

          - cannot finish the work on time for reasons beyond his control, including any delay caused by the customer

          - cannot finish the work because of bad weather conditions.

          - because of conditions in Part 1 D3

     (b) The contractor can claim any reasonable costs arising from the working period being extended because of any delay caused        by the customer.

7. Payment

     (a) When all of the work is finished (if the customer is not paying by instalments), or when each stage of the work is finished (if          the customer is paying by instalments), the contractor will invoice the customer for the amount due after taking account of any        price increase or decrease for changes made to the work details. The invoice will be itemised and does not show the rate                    of VAT.

     (b) The customer will pay by instalments, no later than 7 days after receiving the invoice.

     (c) The amount to pay has been divided into .... instalments (if applicable):

          1. £...............

          2. £...............

          3. £...............

          4. £...............

          5. £...............          

      and preceded by one upfront payment of ....%: £...............(if applicable)  in order to cover contractor's expenses at a start of                works.

     (d) All instalments will be calculated due to amount of a work would be done, or for materials expenses necessary to order in                 contractor's suppliers.

     (e) All payments have to be done by a transfer, directly to the contractor's Bank Account or to hand.

      (f) Details for payments:

          Sort Code: 30-97-41, Account Number: 52360068

8. Contractor’s continuing responsibility

     For 7 years after carrying out the work, the contractor will remain responsible for any faults in the work (other than fair wear and       tear, hidden defects in materials used on the site, damage caused by third parties or in person by the customers, by animals, by         disasters, bad weather conditions or a war) which are caused by him. The contractor reserves the right to charge 1.5% of the             total value of the contract, as well as all possible additional costs.

9. Bringing the contract to an end

     As well as the customer’s cancellation rights set out in condition 9 below, the following also apply:

     (a) If the contractor:

          - is not at the premises regularly to carry out the work; or

          - is not meeting his health and safety and environmental responsibilities; or

          - is so incompetent or careless that the work is of an unacceptable standard; and does not correct the matter within 7 days of       receiving a written warning from the customer, the customer can end this contract by giving the contractor written notice. The           contract will end as soon as that notice is given.            

     If the customer ends this contract, he will have to pay any money due to the contractor within 7 days after the notice has been           given.

     (b) If the customer:

          - does not pay an amount due, without having good reason; or

          - prevents or obstructs the contractor from carrying out the work; and does not correct the matter within 7 days of receiving          a written warning from the contractor, the contractor can end this contract by giving the customer written notice. The contract 

     will end as soon as that notice is given.

     (c) If the contractor ends this contract the customer will pay him, within 7 days of the contract ending, for work properly                            carried out, for any materials made specially for the work and for any other of the contractor’s materials on the premises 

           which he allows the customer to keep. Also, the customer is obliged to pay for any already ordered materials to use in his 

           site, as for ordered services at sub-contractors, which were necessary to complete a work.

10. Right to cancel

     (a) The customer can cancel this contract for any reason by giving the contractor notice in writing within 7 days of signing the                  contract.

     (b) The customer can use the cancellation form attached as Schedule 1 at the back of this contract to cancel this contract, but                does not have to. On that cancellation fom, the contractor should fill in:

          - the name and address of the person the cancellation form should be sent to; and

          - the contract reference number or code, or any other details that identify the contract.

     (c) The customer can send the written notice by post or email, or can deliver it in person. The notice should be sent or delivered                 to the name and address set out in the cancellation form at the back of this contract.

     (d) The written notice will be considered to have been given on the day it is posted or sent by email, whether or not the                               contractor actually receives it.

     (e) If the customer cancels this contract under this condition 9, the contractor will refund any money the customer has paid to                 the contractor in connection with this contract except in the circumstances set out in condition 9(f) below.

11. Right to cancel continued

     (f) The customer may have to pay for the following types of goods and services provided before cancellation:

          - Services of any kind

          - Goods needed in an emergency

          - Goods that are personalised or made to the customer’s specification, and any services relating to those goods.

          - Goods, which have already been ordered by the contractor at his suppliers, before the date of cancellation, and any services,               and services ordered to sub-contractors relating to those goods.

          - Perishable goods (goods which decay or go bad quickly)

          - Goods that have been used or incorporated into the land.

12. Insolvency

     (a) If the customer or the contractor becomes insolvent (unable to pay their debts), this contract will come to an end unless the               insolvency practitioner involved makes 

           a suitable arrangement to allow the contract to continue.

     (b) If this contract comes to an end because the contractor becomes insolvent, the customer have to pay any amount due to the              contractor within 7 days when the contracthas been ended.

13. Other rights and remedies

     (a) The customer and the contractor can claim from each other the costs and expenses which result from either of them failing         to keep to this contract.

     (b) This contract does not rule out or limit any other legal remedies which may be available to the customer or the contractor.

     (c) Only the customer and the contractor can take action to enforce the terms of this contract.

14. Law of the contract

    The laws of England and Wales apply to this contract.

Customer’s signature                                                                              Contractor’s signature

......................................                                                                                 .......................................

Date: ............................


-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Cancellation form

If you want to cancel the contract you must do so in writing and deliver or send it to the person named below:

To ...............................................................................................................................................

(contractor to insert name and address of the person the notice may be given to.)

I want to cancel my contract:

....................................................................................................................................................

(contractor to insert reference number, or other details to identify the contract).


Customer’s signature .................................................................................................................

Name: ...............................................................

Address: .....................................................................................................................................

Date: .......................


© Andrews Design Construction 2019