Contract for Building works between Blue Rock Construction and
From Blue Rock Construction, hereafter referred to as us or we,
Tony Grisedale, Blue Rock Construction, 1 Troubridge Close,
South Woodham Ferrers, Essex, CM3 5YF
……………………………, hereafter referred to as you or yourselves:
1.1.1. We will carry out the work set in the attached quotation (the work) for the price set out below.
1.1.2. We will carry out with reasonable care and skill and to reasonable standard
1.1.3. The work will start on approximately …………………
1.1.4. The work will take approximately ……… weeks to complete. The work period is an estimate only and may be affected by changes to the work or unexpected work being needed or delays in materials or fixtures or fittings being delivered.
1.1.5 The site of the work will be ……………………….
2.1.1. Price before Vat £…………..
2.1.2. Vat at 17.5% £…………… (VAT subject to change by statute)
2.1.3. Total price £………………..
2.1.4. The quotation are based on ‘standard’ materials and goods i.e. windows, doors, bathroom suites, kitchen cabinets and doors. If you have particular requirements which are more expensive, then you agree to pay for these additional costs. To avoid uncertainty we would recommend discussing the materials and goods at the earliest opportunity and before the work commences.
2.1.5. All quotations are subject to change against any unforeseen circumstances, weather, pipes, cables or under condition of building inspector
3.1.1 Payment is in two equal stages, first payment is required 5 working days after commencement of work, final payment within 3 days of completion
4.1.1. You must pay interest at a rate of 5% per day on any amounts overdue.
5. Changes to work
5.1.1. If you wish to make any changes to work you must inform us in writing or complete a ‘changes to work’ form and if we agree to changes, we will then adjust price charged.
5.1.2. You cannot make changes when goods have been ordered, delivered or that part of project has already been started
6. Materials or goods
6.1.1. Any goods or materials we supply will be:
· New, unless you agree otherwise
· Of satisfactory quality
· Of the description you give for their type, as far as possible
· Of the appropriate British standard and codes of practise, in force at the date of placing the order
· Fit for their normal purpose
6.1.2. All bathroom goods, doors and windows cannot be returned; you must complete an order form for these items detailing exactly what you require.
6.1.3. We cannot be held responsible for items incorrectly ordered if an order form is not used.
6.1.4. You will not own any of the materials or goods delivered to the site until you have paid us in full.
7.1.1. We need access to the site Monday to Saturday 8 am to 6 pm from the start date until works are completed
7.1.2. If access is denied this will delay the work and we will invoice you for all labour and materials to date, plus any losses and damages we suffer.
7.1.3. All areas of work should be clear of all furniture, ornaments or other obstructions to allow us to work
7.1.4. We need access to electricity and water
7.1.5. We also need toilet, washing facilities and storage area for tools and materials
7.1.6. Suitable area must be available for skip and grab boards (where applicable) and parking near to site for vans
8. Subcontractors and employees
8.1.1. We may use subcontractors in the completion of the work, but we will still be responsible for all the work completed.
8.1.2. You may not use or instruct our employees or sub contractors or tradesmen. If you do, you will pay us as if we have carried the work out.
9. Existing content and structures
9.1.1. We will only be responsible for any loss or damage to any existing structure or contents, if the loss or damage is caused by our negligence or by the negligence of any person we are responsible for.
9.1.2. We cannot be held responsible for any loss or damage to your property if the working area has not been cleared as agreed.
10. Permissions we need
10.1.1. Unless we agree otherwise in writing, you must get all consents needed and keep any conditions relating to the work (including paying all the relevant fees). If you break this condition, you must pay all material and labour to date plus any losses and damages we suffer.
11.1.1. If a dispute arises, you can withhold 1.5% of the invoice after the due date, if you give us notice, in writing:
· Before the final date for that payment; and
· Saying that you are going to with hold payment; and
· Setting out the reasons for withholding payment
11.1.2. In the unlikely event we cannot settle the dispute ourselves, we will follow the FMB arbitration process and both adhere to their decision.
12. Your right to end this contract
Without affecting your other legal rights and remedies, you can end this contract if:
12.1.1. Without reasonable cause we stop work for 14 days in a row and if you send us a written notice telling us to restart work and we do not do this within 7 days of receiving your notice.
13. Our right to suspend or end this contract
Without affecting our
other legal rights and remedies, we can end this contract if:
13.1.1. If you fail to pay any interim bill and still fail to pay for 7 days after receiving written notice demanding payment
13.1.2. If you or anyone you employ or your agent interfere with or obstruct the work or fail to make the site available to us.
13.1.3. If you become bankrupt or go into liquidation or make a composition or arrangement with creditors
13.1.4. If the work is delayed through your fault for more than 7 days
13.1.5. After we end the contract for any of the reasons above.
We will be entitled to:
All relevant payments under condition 6.1
Any costs involved in suspending or ending this contract
Any losses we suffer (including loss of profit) resulting from suspending or ending this contract.
14. Snagging list (Defects liability period)
14.1.1. The defects liability period lasts for 14 days after the Completition date.
14.1.2. A list of any ‘snags’ be drawn up by yourself within 3 days of Completition date
14.1.3. You may withhold 1.5% of the final bill until the end of the defects liability period or until all reasonable items on snagging list are complete.
14.1.4. During the defect liability period we will put right all reasonable items on snagging list that are due to faulty workmanship or materials. We will not charge you for this.
However we will not be responsible for any one of the following defects
Defects due to the condition of the site or relevant property that existed before we started work.
Defects caused by you or any other person or caused by an event, which happens after the Completition date.
Defects caused by you, or any other person or an event which happened whilst work was in progress but was not our responsibility.