THE SMALL PRINT
Holt Construction Standard Terms and Conditions
It is a legal requirement for Holt (the Company) to comply with the UK GDPR and Data Protection Act 2018. It is also the Company’s policy to ensure any personal data held by us in whatever form be treated with sensitivity and privacy, as befits such information.
1. Where to find information about us and our services
1.1. You can find everything you need to know about us, Holt Construction Limited (we, us) and our services on our website: https://holtgroup.co.uk. We also confirm the key information relating to your Project to you in writing (the Contract Details) before we start work.
1.2. We use your personal data as set out in our Privacy Notice, a copy of which is available on request.
1.3. We aim to provide an outstanding service. If you have any concerns with the service we have provided we will do our best to resolve your concerns in line with our complaints policy, a copy of which is available on request.
2. Our Responsibilities
2.1. During the Project, we will do the following:
(a) carry out the work set out in the Contract Details Form and the Contract Sum Analysis/PM Costs/Build Costs Budgets (or Form of Tender if none of the above have been prepared) carefully and competently;
(b) use materials which are of satisfactory quality and suitable for their intended purpose;
(c) store away our tools and ladders at the end of each working day and regularly dispose of any rubbish from the work; and
(d) take all practical steps to prevent or minimise health and safety risks to the Client and other people living in or visiting the Property.
3. The Project
3.1. Details of the Project are set out in the Contract Details Form, and the Contract Sum Analysis/PM Costs/Build Costs Budgets.
3.2. If you want to change the details of the Project, then the changes will need to be agreed with us and:
(a) if the proposed changes increase the amount of work to be done, we will estimate a price for the extra work and time involved and you can then decide whether or not to go ahead with the changes; or
(b) if the proposed changes reduce the amount of work to be done, then we will make an appropriate reduction in the price; or
(c) if the proposed changes are to the cost of any materials or goods in the Contract Sum Analysis/PM Costs/Build Costs Budgets, without affecting the amount of work involved, then we will make an appropriate adjustment to the price.
4. Timing
4.1. We consider the estimated work period set out in the Contract Details Form to be a realistic overall contract period. This is an estimate as to timing and will be confirmed once all opening- up works and stripping out is completed and full scope of remedial works is finalised, structural scheme is agreed, and we have received all the requested information (RFI) from you. We reserve the right to amend the work period during the course of the Project. No penalties shall be payable by us if the Project completes later than the estimated completion date.
4.2. An estimated work period may be extended if we need to spend extra time on the Project because of changes made to the detail of the Project. If we cannot finish the Project on time because of your actions or inactions, we can extend the work period, and claim any reasonable costs arising from such extension from you.
4.3. An estimated work period may also be extended by us if ambient temperature or humidity within the site are inappropriate for the installation of certain products/ materials.
4.4. If the Project is delayed by an event outside our control, such as a delay in sub-contractor lead times, inclement weather, strikes, pandemic, epidemic or other natural events, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can end the Contract.
4.5. We will not be liable for any delays caused by neighbour disputes or impositions, or specific arrangements subsequently agreed with neighbours with regard to working hours.
5. Planning Permission, building regulations and party walls
5.1. We will not apply for any planning permission, buildings regulations approval and party wall consents that may be needed unless otherwise agreed with you in writing
5.2. Unless otherwise specifically agreed with you, we will not start work at the premises before any planning permission and party wall consents that are needed have been received.
5.3. We can start work before building regulations approval is received, but we must let the local authority know at least 48 hours before we start the work.
6. Access and Facilities
6.1. You will allow us access to the Property to do work between 8am and 6pm Monday to Friday (excluding bank holidays) and 8am to 2pm on Saturdays. Access outside of these times and days may be agreed between us.
6.2. If the Property is unoccupied whilst work is being done, we will take practical and common- sense precautions to deter intruders entering.
6.3. You will not knowingly allow people living in, or visiting the Property, particularly children, to be exposed to any dangers from the Project.
6.4. You agree that we can use electricity, gas and water free of charge. We will provide toilet facilities for our use only, at your cost.
6.5. At the end of the Project, we will carry out a clean of the work areas of the Property to a reasonable standard. We shall not be required to carry out a thorough clean of the Property.
7. Pricing
7.1. Our estimated prices in our budget documents such as a Form of Tender/Contract Sum Analysis/PM Costs/Build Costs Budgets are valid for 30 days from the date they are given. Prices marked “PS” in the Contract Sum Analysis are provisional sum allowances and are subject to change based on actual costs charged or quoted by our suppliers.
7.2. The Contract Sum Analysis/PM Costs/Build Costs Budgets is a budget cost exercise based on the scope of the Project agreed between us. If you change the Project details, the price will increase or decrease depending on the changes made in accordance with paragraph 3.1. Other factors, such as supplier increases, may also increase or decrease the price.
7.3. The Contract Sum Analysis/PM Costs/Build Costs Budgets does not include a contingency. We would suggest that you make an allowance for a contingency of 20% of the Contract Sum Analysis/PM Costs/Build Costs Budgets.
7.4. Our operative day labour rates are as follows:
Day rate
Unskilled operative: £250 | Skilled tradesman: £400 | Project Manager: £500 | Quantity Surveyor: £600 | Director: £800
The day rates are subject to change from time to time.
7.5. Good and materials are charged at a minimum of cost plus 20%. Delivery/collection costs may also be incurred.
7.6. Our pricing does not include any professional fees. No allowances are made in our pricing for any specific conditions and requirements of building control.
7.7. We charge you additional sums if you don't give us information we've asked for about or related to the Project or your Property or if you (or other third parties engaged by you) don't do preparatory work to prepare for the Services, as agreed with us.
7.8. Valuations will be updated every four weeks and provided to the Client, with the first update two weeks after we start on site. The updated valuation shall prevail over any previous quote, budget or valuation (including the Contract Sum Analysis/PM Costs/Build Costs Budgets).
7.9. All estimated costs exclude VAT.
7.10. If the rate of VAT changes between your order date and the Project completion date, we will adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
8. Payments and Retention
8.2. Every four weeks we will submit to you a certificate for payment which details, in writing, our costs relating to the Project, including:
(a) the value of the works completed in the previous four-week period;
(b) the value of materials stored on site at the end of the previous four-week period (to the extent not previously invoiced for); and
(c) an amount equal to any deposits or advance payments payable by us to suppliers and subcontractors in the previous four-week period (not previously invoiced) in the next four week period,
8.3. We will invoice you for all Claims from 8.2, less the Retention (as defined below in paragraph 8.5), and less the Deposit (or any part of the Deposit that is remaining or otherwise determined by us) in four-weekly intervals. If the Contract is terminated before Practical Completion (as defined below) we will invoice you promptly following termination for all Claims up to Completion not already invoiced.
8.4. All our costs are subject to VAT. Materials and payments to suppliers and subcontractors may also be subject to VAT. Our invoices will show all items on which VAT is charged.
8.5. Unless otherwise set out in the Contract Details Form, 5% of all Claims will be retained by the Client (Retention) and held until practical completion of the Project (Practical Completion). At Practical Completion 50% of the Retention shall be paid to us. The remainder of the Retention shall be paid to us 6 months after the date of Practical Completion once we agree (each acting reasonably) that we have put right all the faults that we are responsible for, and that have been discovered within 6 months after Practical Completion.
8.6. We will not be responsible for any faults caused by your misuse, tampering with or damage to a product and any remedial work will be carried out at our standard day rates.
8.7. Our invoices are payable within seven days of receipt by you.
8.8. If you don’t pay an invoice within seven days:
(a) we may charge interest on the overdue amount at the rate of 5% a year above the Bank of England base rate from time to time, this interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment; and/ or
(b) we may suspend provision of the services to you; and/ or
(c) if you don’t pay within seven days of us sending you a further reminder to pay, we can terminate this Contract.
To ensure the implementation of this policy the Company has designated the Office Manager as Data Protection Co-ordinator. All enquiries relating to the holding of personal data should be referred to them in the first instance.
9. Title to goods
You will own any goods and materials once you have paid for them. If you have not paid for them, we may recover goods and materials from the Property.
10. Insurance
11. Product Guarantees
11.1. We will give you the benefit of any guarantees or warranties issued by manufacturers of products installed in the Project. It is your responsibility to follow all maintenance and servicing instructions to meet the terms of the product warranty or guarantee. For the avoidance of doubt, we (Holt Construction Limited) do not give any guarantee or warranty relating to products used in the Project.
11.2. We shall not be liable for any loss suffered by you if a modification to a Product requested by you results in the warranty or guarantee being invalidated.
11.3. Any services provided by us to you relating to faulty products after completion of the Project shall be charged at our usual rates or as otherwise agreed between us.
11.4. We will not provide any warranties or guarantees for any previous installations.
12. Termination of the Contract
12.1. You can cancel this Contract for any reason by giving us notice in writing within 14 days of the date of signing the Contract. You can send this to us by post or by email. If you cancel within 14 days, we will refund any money you have paid to us in connection with this Contract except where you have agreed in writing that we can provide the goods and services listed in paragraph 12.2 within the first 14-day period. In such circumstances, you accept that you must pay for those goods and services if you later cancel the Contract.
12.2. The relevant goods and services are:
(a) services of any kind;
(b) goods needed in an emergency;
(c) goods that are personalised or made to your specification, and any services relating to those goods;
(d) perishable goods (i.e. goods which may decay or go bad quickly); or
(e) goods that have been used or incorporated into the land.
12.3. If we, or you, become insolvent (unable to pay our debts) this Contract shall come to an end, unless the insolvency practitioner makes suitable arrangements to allow this Contract to continue.
12.4. We can end our contract with you for a service and claim any compensation due to us if:
(a) you don't make any payment to us when it's due and you still don't make payment within seven days of us reminding you that payment is due; or
(b) you don't, within a reasonable time of us asking for it, provide us with information, co- operation or access that we need to provide the services, for example access to the Property or access to facilities or services (i.e. electricity or water).
12.5. Following termination of the Contract, we shall raise a final invoice for any Claims incurred since the date of our last invoice and any Retention to the date of termination.
13. Changes to these terms and conditions
13.1. We can always change these terms and conditions:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to make minor amendments that don’t substantially affect the Project.
Otherwise, we will agree any changes with you.
14. Limits on our liability
14.1. We're responsible for losses you suffer caused by us breaking this contract unless the loss is:
(a) not obvious that it would happen and nothing you said to us before we signed the Contract meant we should have expected it (so, in the law, the loss was unforeseeable);
(b) caused by a delaying event outside our control, as long as we have taken the steps set out in paragraph 4.4;
(c) something you could have avoided by taking reasonable action, including following our reasonable instructions for use;
(d) a business loss, i.e. it relates to your use of goods for the purposes of your trade, business, craft or profession; or
(e) caused by a sub-contractor that you have appointed, who is not one of our approved sub-contractors.
14.2. We are not responsible for any loss caused by the design element of the Project or where modifications to Products are requested and made against our advice.
14.3. We are not responsible for any non-compliance of the existing installations (before we start work on the Project) with the requirements of building regulations or other building control.
14.4. We will take all appropriate steps to ensure the consistency in colour and form of any materials used in the Project, but cannot guarantee consistency in natural materials. In particular:
(a) whilst we will endeavour to minimise the effect of temperature and humidity on natural materials, shrinkage and warping are unavoidable and we will not be held liable for shrinkage and warping of products incorporating natural materials, e.g. wooden floors, wooden doors, skirting boards, architraves;
(b) we will endeavour to seal all natural products where possible, but will not be liable for staining to natural products such as natural stone and timber;
(c) we cannot provide any guarantee for materials when the ambient temperature falls below 5oc or rises above 21oc; and
(d) we will not be liable for defects due to ambient humidity and moisture.
15. Other important terms
15.1. We can transfer our contract with you, so that a different organisation is responsible for supplying the services. We'll contact you to let you know if we plan to do this.
15.2. You can only transfer your contract with us to someone else if we agree to this.
15.3. Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
15.4. If a court invalidates some of this Contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
15.5. Even if we delay in enforcing this Contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
16. Governing Law and Disputes
16.1. These terms and conditions are governed by English law.
16.2. You or we can start court proceedings in the English courts to settle any disputes.
16.3. You or we 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) or the Royal Institute of British Architects (RIBA). This is as well as the right to go to court.