The Interrelationship Between The Parties
1.1 These terms and conditions establish a binding agreement between the Customer and We Are RAM Construction Ltd (hereafter referred to as “the Contractor”) for the provision of specific construction services as outlined herein.
1.2 The contractual rights, liabilities, and obligations established herein cannot be assigned or transferred by either party without obtaining the explicit written consent of the other party.
The following terms and conditions shall be incorporated into the construction contract, which is intended to adhere to the parameters outlined in the Standard Building Contract with Approximate Quantities (SBC/AQ):
Estimates
2.1 We Are RAM Construction Ltd is obliged to supply the Customer with an estimate for the services to be rendered, based on the drawings provided.
2.2 It is incumbent upon the Customer to diligently review the estimate and ensure that it accurately corresponds to the work expectations of the Contractor.
2.3 The Estimate, appended as a schedule to these terms and conditions, shall be deemed accepted by the Customer upon the formation of a contract with We Are RAM Construction Ltd. The Customer’s signature on this contract signifies their acceptance of the work delineated in the estimate.
2.4 The Contractor shall demand the Customer’s formal acceptance of these Terms and Conditions before confirming the commencement of the construction work.
2.5 The Contractor is available for discussions and inquiries to ensure that the estimate effectively reflects the scope of work anticipated by the Customer.
Payments
3.1 Deposits: The Contractor may lawfully request a financial deposit from the Customer as a precondition for initiating the construction work. Such a deposit is returnable to the Customer in the event that the construction work does not commence due to reasons solely attributable to the Contractor. The customary deposit rate shall not exceed 10%.
3.2 Interim Payments: The Contractor has the legal right to request reasonable interim payments during the course of the construction work to cover the ongoing costs related to labour and materials. Invoices for interim payments must be settled by the Customer within a period of seven days from their receipt. The Contractor is entitled to suspend construction work if these interim payments are not promptly made.
3.3 Final Payments: Final payments are subject to legal obligations requiring them to be made within seven days of the completion of work for domestic customers and within 28 days for commercial customers. Any delay in making final payments shall result in the imposition of a 5% + VAT charge on the outstanding amount.
3.4 Architects, Surveyors: In the event that the Contractor is compelled to liaise with architects, surveyors, or engineers for any amendments to the agreed work, or for any additional surveying or design work that becomes necessary post-contract, the Customer shall be held liable for a charge of £60 per hour. This charge will be duly incorporated into the final valuation.
3.5 Interest: Legal provisions dictate that interest shall be calculated by adding 2% to the prevailing Bank of England Base Rate, accruing on a daily basis and invoiced monthly. In the event of unpaid accounts, the Contractor is entitled to refer them to solicitors or collection agencies for the purpose of legal collection. All fees associated with such legal action shall be borne by the Customer.
3.6 Extra Works: Any extra works performed without an upfront cost agreement shall be subject to a lawful uplift of 30% added to sub-contractor and material costs. Non-skilled tradesmen shall be invoiced at an hourly rate of £32, whereas skilled tradesmen shall be invoiced at an hourly rate of £45.
The Guarantee
4.1 We Are RAM Construction Ltd hereby undertakes to provide the Customer, over and above any statutory rights, with a guarantee that the construction services furnished under the contract will be free from defective or flawed materials or workmanship for a period of two years from the date of service completion. It is important to note that this guarantee shall not extend to the following circumstances:
- a) Defects or flaws arising from misuse, inadequate maintenance, neglect, or the failure to follow instructions or recommendations by the Customer.
- b) Defects or flaws resulting from mechanical or chemical damage not attributable to any defect in workmanship or materials and occurring after the property risk has transferred to the Customer.
- c) Any instances of wear and tear or damage caused by insured perils.
4.2 Any unauthorized interference with the Contractor’s work, regardless of the qualifications of the individual involved, whether before, during, or after the construction work, shall have the effect of rendering the guarantee null and void.
4.3 We Are RAM Construction Ltd, in its sole discretion, retains the authority to determine the method by which the guarantee shall be satisfied. This may include, but is not limited to, repairing, re-performing, or replacing the services.
4.4 In cases where the Customer perceives the services to be defective upon delivery or performance, they are under a legal obligation to promptly notify We Are RAM Construction Ltd of such defects within a period of 30 days from the date of installation. Failure to adhere to this notification requirement will result in the forfeiture of any entitlement to the benefits of the guarantee.
Clause 4.5: It is a fundamental legal condition that the initiation and effectiveness of the guarantee are contingent upon the Customer’s full and complete payment to We Are RAM Construction Ltd in compliance with the agreed contract terms. In the absence of such payment, the Customer is legally precluded from invoking the benefits associated with the guarantee. Furthermore, it is expressly recognized that We Are RAM Construction Ltd maintains legal ownership of all supplied fittings and materials until such time as full payment has been received, and as such, retains the legal right to repossess any materials and fittings to the extent necessary to satisfy the value of the outstanding debt.
4.6 The Customer, in accordance with legal standards, agrees to grant the Contractor access to the construction site for the purpose of inspecting any reported guarantee issue. This access must be granted during standard working hours or at any other time, as agreed upon by prior arrangement.
4.7 As per legal conventions, the Customer agrees to pay a deposit of £200 upon the initiation of a guarantee investigation, should such investigation be requested by the Contractor. In the event that a genuine guarantee issue is identified, the deposit will be promptly refunded in full.
Customer’s Obligations
5.1 The Customer is legally obligated to:
- a) Allow unrestricted access to the property or location where the construction services are to be provided, ensuring that such access is adequate and appropriate for the purposes of the construction work.
- b) In the case of indoor sites, guarantee the presence of sufficient ventilation to ensure the health and safety of all parties involved.
- c) Provide the Contractor with the requisite facilities, including but not limited to heat, power, and hot and cold water, to enable the work to be carried out in a safe and professional manner.
- d) Ensure the provision of welfare facilities, unless explicitly specified otherwise.
5.2 The Customer further undertakes a legal obligation to indemnify the Contractor against any costs arising from the reasonable supply of these services, including, but not limited to, costs related to the unexpected failure of these supplies.
5.3 In situations where We Are RAM Construction Ltd stores or maintains any materials or equipment on the construction site, it is a legal requirement for the Customer to bear responsibility for the security and safety of such materials and equipment. In the event of loss or damage, the Customer is legally obligated to account for such loss or damage in favour of We Are RAM Construction Ltd.
5.4 The adjustment of preliminary costs shall be made to accurately account for any modifications or extensions to the scope of works, as well as changes in pricing. This adjustment is inclusive of all relevant time and management costs, and it shall be calculated based on a percentage of the overall construction project’s value.
Contractor’s Obligations
Clause 6.1: In accordance with established legal standards, We Are RAM Construction Ltd is legally bound to exercise reasonable care and diligence in handling the Customer’s property. This includes the implementation of all necessary precautions to protect the Customer’s furnishings and fittings, particularly in cases where the removal of such items from the work area is not feasible. It is, however, expressly understood that the Contractor does not assume legal responsibility for any valuable items left within the proximity of the work area.
6.2 As a matter of legal requirement, We Are RAM Construction Ltd assumes responsibility for managing and arranging the safe and lawful disposal of any waste materials that are generated or removed from the Customer’s property as a result of the provision of construction services.
6.3 The Contractor is legally obligated to always maintain valid employer and public liability insurance policies, in compliance with established legal requirements.
Cancellation
7.1 Legal considerations based on the Cancellation of Contracts Made in a Consumer’s Home or Place of Work etc. Regulations (2008) grant the Customer the legal right to cancel this contract within a period of 7 calendar days from the date of signing the agreement. Such cancellation entitles the Customer to a full refund of any monies paid to We Are RAM Construction Ltd, minus a reasonable administration cost that may be incurred by the Contractor. However, it is imperative to understand that any cancellation outside of this stipulated time frame will not entitle the Customer to a refund of any monies paid.
7.2 As per legal norms, if any works forming part of the agreed contract are retracted or withdrawn after the contract has been established, the Customer is legally liable for a fee equivalent to 30% of the value of the withdrawn works.
Signage
8.1 The Contractor, in adherence to legal requirements, reserves the legal right to display suitable site identity and safety signage, where applicable.
8.2 The Contractor, in accordance with legal standards, requests the privilege of displaying a reasonably sized sign for the purpose of advertising their services during the course of the construction works and for a period of 3 months following the completion of the contract. The Customer is legally empowered to revoke this privilege at their discretion, provided such revocation is agreed upon prior to the signing of the contract.
8.3 As stipulated by legal norms, any payments or discounts extended to the Customer for the ongoing display of advertising signage (subsequent to the completion of the works) shall be subject to an annual arrangement in arrears and will be agreed upon separately in writing.
Referral Incentives
9.1 In conformity with legal stipulations, referral incentives are exclusively available to existing Customers who have previously engaged the Contractor’s services and subsequently refer new customers to the Contractor.
9.2 In compliance with legal provisions, any referral incentive shall be disbursed to the referrer upon the receipt of a deposit from the newly-referred customer.
9.3 As per established legal regulations, all referral incentives earned by the referrer shall amount to 1% of the net work’s total, up to a maximum of £500, for projects with a value exceeding £10,000 or more.