Terms and Conditions

Carber Construction And Consultancy Ltd > Terms and Conditions
  1. Introduction

These Terms and Conditions (“Terms”) govern the provision of construction and consultancy services by Carber Construction Consultancy (“Carber”) to you, the Client. By engaging Carber’s services, you agree to be bound by these Terms.

  1. Scope of Services
    • C onstruction Services:

Carber offers construction services in Devon and surrounding areas. The specific scope of services for each project will be outlined in a separate written agreement (“Project Agreement”) signed by both parties. The Project Agreement will detail:

  • Project Description
  • Timeline
  • Fees
  • Payment Schedule
  • Materials and Equipment
  • Change Orders
    • Consultancy Services: 

Carber provides consultancy services nationwide. The specific scope of consultancy services will also be detailed in a separate Project Agreement. This agreement may include:

  • Feasibility Studies
  • Project Management Assistance
  • Cost Estimating
  • Building Regulation Advice (relevant to UK regulations)
  • Design Review
  1. Fees and Payment
    • Construction Services: 
  • The fees for construction services will be based on the agreed-upon Project Agreement. This may involve a fixed fee, an hourly rate, or a combination of both.
  • Payment terms will be outlined in the Project Agreement and may require progress payments throughout the construction phase.
    • 3.2 Consultancy Services: 
  • Consultancy fees will be determined by the complexity of the project and the time involved. This can be a fixed fee, an hourly rate, or a retainer agreement.
  • Payment terms will be specified in the Project Agreement and may require upfront payment or progress payments.
  1. Client Responsibilities
  • The Client is responsible for providing Carber with all necessary information and approvals related to the project in a timely manner.
  • The Client is responsible for obtaining any necessary permits and licenses required for the project.
  • The Client is responsible for making timely payments as outlined in the Project Agreement.
  1. Carber Responsibilities
  • Carber will perform the services outlined in the Project Agreement with reasonable skill and care.
  • Carber will keep the Client informed of the project’s progress and any unforeseen circumstances.
  • Carber will comply with all relevant Devon and UK construction regulations and standards.
  1. Changes to the Scope of Work

Any changes to the scope of work must be agreed upon in writing by both parties through a Change Order document. This document will detail the impact of the change on the project schedule, budget, and fees.

  1. Warranties and Disclaimers

Carber warrants that the services will be performed in a professional and competent manner. However, Carber cannot guarantee specific outcomes or results. Carber disclaims any warranties not expressly stated in these Terms.

  1. Limitation of Liability

Carber’s liability to the Client for any claim arising out of or related to these Terms or the services provided shall not exceed the total fees paid by the Client for the specific project. Carber shall not be liable for any indirect, consequential, or incidental damages.

  1. Termination

This agreement may be terminated by either party upon written notice for cause. Cause may include breach of contract, insolvency, or force majeure events.

  1. Dispute Resolution

Any disputes arising out of these Terms or the services provided shall be settled through negotiation. If negotiation fails, the dispute shall be settled by the courts of England and Wales.

  1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales.

  1. Entire Agreement

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

  1. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

  1. Notices

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered in person, sent by registered or certified mail, postage prepaid, return receipt requested, or sent by a nationally recognized overnight courier service.

  1. Waiver

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any subsequent breach or default.

  1. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations hereunder due to causes beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, strikes, or natural disasters.