1
Definitions and Scope
- 1.1 The "Contractor" refers to JMC Builders & Contractors, a building contractor based in Penrith, Cumbria.
- 1.2 The "Client" refers to the individual, company, or organisation engaging the Contractor.
- 1.3 The "Works" refers to the construction, renovation, repair, or related services described in the Contractor's written quotation.
- 1.4 These Terms and Conditions apply to all works carried out by the Contractor unless otherwise agreed in writing.
2
Quotations and Acceptance
- 2.1 All quotations are valid for 30 days from the date of issue unless otherwise stated.
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2.2 A binding contract is formed only when:
- The Client provides written acceptance of the quotation (email or signed document), and
- Any required deposit has been received in cleared funds.
- 2.3 Quotations are based on a visual inspection and/or information provided by the Client. The Contractor reserves the right to adjust costs where hidden defects or unforeseen conditions arise during the Works.
- 2.4 Any additional work not included in the original quotation will be treated as a variation under Clause 4.
3
Payment Terms
Deposit
TBC
Non-refundable
to secure start date
Stage Payments
Milestones
Invoiced at agreed
project milestones
Final Balance
On Completion
Remaining balance
due immediately
- 3.1 Deposit: A non-refundable deposit is required to secure a start date and schedule works. The specific percentage will be stated in your quotation.
- 3.2 Staged Payments: For larger projects, staged payments will be invoiced at agreed milestones and must be paid within the timeframe stated on the invoice.
- 3.3 Final Payment: The remaining balance is due immediately upon completion of the Works, unless otherwise agreed in writing.
- 3.4 Late Payments: The Contractor reserves the right to charge interest on overdue invoices in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. The applicable rate will be stated in your quotation.
- 3.5 The Contractor reserves the right to suspend work if payments are not made in accordance with these terms.
4
Variation Orders (Changes to Work)
- 4.1 Any request by the Client to alter the scope of the Works (including additions, omissions, or changes) must be treated as a Variation Order.
- 4.2 All variations must be agreed in writing before work on the variation begins.
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4.3 Each Variation Order will clearly state:
- The revised scope of work,
- Any additional cost or savings, and
- Any impact on the project timeline.
- 4.4 The Contractor reserves the right to decline variations that are not technically feasible or that would significantly disrupt the project.
5
Client Obligations
- 5.1 The Client must provide safe, clear, and uninterrupted access to the site for the duration of the Works.
- 5.2 The Client must provide access to basic amenities including water, electricity, and toilet facilities unless otherwise agreed.
- 5.3 The Client is responsible for obtaining all necessary planning permissions, building regulations approvals, and other statutory consents unless explicitly agreed in writing that the Contractor will do so.
- 5.4 The Contractor is not responsible for delays or additional costs caused by the Client's failure to meet these obligations.
6
Materials and Ownership
- 6.1 All materials supplied and delivered to the site remain the property of the Contractor until full payment of all invoices has been received.
- 6.2 The Contractor will supply materials that are of satisfactory quality and fit for purpose in accordance with the Consumer Rights Act 2015.
- 6.3 Any materials specified by the Client but sourced by the Contractor will be used as directed, but the Contractor accepts no liability for inherent defects in such specified materials.
7
Delays and Force Majeure
- 7.1 The Contractor will make reasonable efforts to complete the Works within the estimated timeframe.
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7.2 The Contractor shall not be liable for delays caused by circumstances beyond its control, including but not limited to:
- Severe or adverse weather conditions,
- Unforeseen site conditions (including structural defects, rot, or subsidence),
- Delays in material supply or delivery,
- Acts of God, strikes, or other force majeure events.
- 7.3 Any such delays may result in a reasonable extension of time for completion.
8
Liability and Insurance
Public Liability Insurance
JMC Builders & Contractors maintains Public Liability Insurance. The specific cover amount is stated in your quotation documentation.
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8.2 The Contractor shall not be liable for:
- Pre-existing defects in the property,
- Damage caused by third parties not under the Contractor's control,
- Indirect or consequential losses.
- 8.3 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, or any other liability which cannot be excluded under UK law.
9
Cancellation
- 9.1 The Client may cancel the contract by providing written notice.
- 9.2 The Contractor reserves the right to retain the deposit and recover costs for work completed, materials ordered, and any losses incurred up to the date of cancellation.
- 9.3 Where applicable, statutory cancellation rights under UK consumer law will apply.
10
Complaints and Dispute Resolution
- 10.1 Any concerns or complaints should be raised promptly in writing to allow the Contractor the opportunity to resolve the issue.
- 10.2 Both parties agree to attempt to resolve disputes amicably before pursuing legal action.
- 10.3 These Terms shall be governed by and construed in accordance with the laws of England and Wales.
11
General
- 11.1 These Terms constitute the entire agreement between the parties unless otherwise agreed in writing.
- 11.2 If any provision is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Questions about these terms?
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