TERMS & CONDITIONS
These terms and conditions (T&Cs) are to be read in conjunction with the letter of appointment (LOA). On signing your LOA you are agreeing to these T&Cs and providing the go ahead for your project to proceed.
We will carry out the works as described above and will exercise reasonable skill and care at all times. If the project is substantially delayed during the council’s approval processes, ghd partnership will notify the client of the cause and the extent of the delay and agree a course of action to minimise the effect of the delay on the project.
On accepting a commission for a project, ghd partnership Ltd would expect statutory approvals to be obtained. We will endeavour to provide the client with the most suitable solution in respect to planning applications; however we would like to confirm that we are unable to guarantee that a planning application will be approved by the Local Authority and as such will not be held liable if it is refused.
We will seek to resolve issues that arise before or after any refusal notice being issued at an agreed hourly rate or part thereof to include any redesign or other works.
Unless otherwise agreed in writing ghd partnership shall retain copyright and ownership of all specification, documentations, drawings, maps, photographic and other records, models and presentation materials prepared by the partnership.
ghd partnership may publish or join in publishing any description or illustration of the works with the prior consent of the client.
Our fees and payment details
Our fees are based on an agreed lump sum or on an agreed hourly rate payable at the end of agreed stages of work. All charges are subject to VAT at the going rate.
For design project works on agreed lump sum fee three iterations / design concepts have been allowed for. Any additional design work / changes will incur a further agreed hourly rate charge.
Should proposals change dramatically from the original brief, there will be an increase in our fees as additional work will be required on our part. We will however advise you if this should arise and give you an indication of the approximate number of hours that it will be over and above our stated fees.
Additional costs payable by the Client
Nominal expenses (mileage, public transport fares, printing, copying, OS maps, etc.) all subject to VAT.
Statutory fees, such as planning fees, building control fees, etc are to be paid direct to local councils by the client.
Additional professionals required
Should it be necessary to involve additional surveyors or other professionals to advise further, these additional services will be provided independently and the service provider will invoice you on that basis. Our practice will liaise with them on your behalf to complete the works required. Please also note that any construction works required will also be at your own expense.
Errors and omissions
ghd partnership Ltd will provide the client with a final draft of any planning drawings and it will be the responsibility of the client to check the drawings prior to any submission to the local authority (LA). ghd partnership Ltd will not be held liable for any errors or omissions to the drawings. Any necessary changes will incur an additional charge.
Conditions of payment
VAT is excluded from the fee quoted in the fees letter or LOA and will be added to any invoice at the standard rate.
Payment is due within 14 working days from the date on the invoice.
Invoices will be issued as identified within our fees and payment section in LOA.
Certifications and Insurances held
ghd partnership Ltd is regulated by RICS (Royal Institute of Chartered Surveyors) and Chartered Institute of Architectural Technologists (CIAT) and is also a member of Construction Line. We hold the following insurances:
- Professional Indemnity – value £1,000,000,
- Public Liability – value £2,000,000, and
- Employer’s Liability – value £10,000,000
Personal liability of Ltd members and staff
Please note that members or employees of ghd partnership Ltd cannot be personally held responsible for actions undertaken on behalf of the company.
Contractors and suppliers
ghd partnership Ltd will endeavour to ensure that all contractors abide by our clients’ site rules and do not misuse or disrespect our clients or their property. ghd partnership Ltd cannot however be responsible or be held responsible for inappropriate behaviour by the contractor while on site but will remove said contractors from the project and premises if required. Any damage caused or inflicted by a contractor will be covered by the contractor’s ‘All Risks’ insurance cover.
The Employer reserves the right to permanently ban any operative (including sub-contractors and suppliers), member of the contractors staff or visitor who the Employer considers to have behaved in an unreasonable manner. Respond immediately to any instructions issued by the Employer or his representatives in this regard. Any operative or person dismissed shall be replaced forthwith by the contractor. The use of foul language, sexist comments or other offensive behaviour on site which is inappropriate in a public place shall constitute one of a number of possible grounds for dismissal under this clause.
Termination of services
Notice of termination of the project services, by the Client or by ghd partnership Ltd to the opposing party, must be provided in written format and receipt of such notice is to be provided by the opposing party within two working days.
On termination by the Client, the Client will be liable for an agreed percentage payment for works completed to date.
On termination by ghd partnership Ltd, no refund will be forthcoming for works completed. ghd partnership Ltd invoice in arrears and therefore no monies will be owing to the Client.
Where outstanding fee settlement cannot be agreed, the matter will be resolved under adjudication by the RICS or by the Surveyors Ombudsman.
All completed works remain the copyright of ghd partnership Ltd who may allow use of such material by others; condition to be agreed by ghd partnership Ltd if such an event occurs.
ghd partnership Ltd operates a complaint handling procedure as directed under the Royal Institute of Chartered Surveyors (RICS).