Terms & Conditions

 

Last updated: October 19, 2023

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GENERAL

By instructing and paying the project 50% initial payment, you are agreeing to your full understanding and compliance of the below terms and conditions. Any fee quotations which we provide to you, will remain valid for a period of 6 months, after which we reserve the right to amend them to reflect on; industry requirements, updated regulations and market conditions. If planning apply any conditions which need to be discharged, pre-commencement of works or pre-occupation, which you would like us to address for you, these will be quoted for separately, once planning has been approved. Please note that our working drawing fee might be revised if the planning drawings are amended during the planning process.

 

TIME FRAMES

Current company lead-times are advised of at your initial consultation and within your fee quotation and are confirmed again verbally at survey. Please note these are target time frames and the company reserves the right to adjust these as needed. But an update prior to the target issues dates will be supplied by LHD to the client.

 

CLIENT RESPONSIBILITIES

The client must ensure that all correspondence, personal information and project information, supplied to LHD is current and up to date.

 

APPOINTMENTS

The Client will remain responsible for the appointing of any external specialists / third party services that may be required during the contract with LHD. As part of LHD services, we will assist with the obtaining of external quotations and issuing for the clients review and instruction. The client will therefore be liable for all fees outside the itemised quotations provided by LHD. Drawings, unless otherwise agreed, do not allow for installations of fittings, fixtures and furnishings, this is to be organised by the client/contractor with specialists externally, such as Kitchen / Bathroom manufacturers. Where the client requires specific information adding to a drawing, they must supply this information at the earliest convenience. Should This be following issue of the final package and have an impact on any other area of the design a fee may be chargeable by LHD.

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CDM REGULATIONS

Lloyd Harden Design do not accept the role of Principle Designer unless otherwise agreed in writing. It is the client’s duty to appoint a competent individual to perform this role. When a PD has not been appointed the client will assume responsibility of this role themselves. Further information can be found at; Construction - Principal designers: roles and responsibilities CDM 2015 (hse.gov.uk).

 

PARTY WALL NOTICES, AGREEMENTS AND WORKS

A Party Wall Agreement will be required on your project. Party wall agreements will be necessary in the following cases: 1. Work on an existing wall shared with another property. 2. Building on the boundary with a neighbouring property. 3. Excavating, or constructing foundations for a new building within 3/6 metres of a neighbouring owner's building where the work will go deeper than the neighbours foundations. Should any work fall within the above categories, a statutory notice must be served to the adjoining neighbours. This notice must include: owner's name and address, property address (if different), full details of what is proposed and proposed start date. A Building Surveyor / Structural Engineer would be best to advise on these matters, as LHD do not offer this service. This item fall under the Appointments section of this document, within the clients responsibility.

 

DESIGNING GROUND WORKS

Ground investigations and sampling may be required to confirm suitability of proposed foundations design, the appointed structural engineer / building control officer will confirm this requirement. If the proposal is with in 3m of a water authority public sewer a build over/near agreement is to be obtained from the authority before building work commences. If this is required, there will be an additional fee required for us to prepare the drawings and application. And an application fee payable directly to the Water Authority. We will confirm this at the time of issuing your working drawings.

 

EXCLUSIONS

Services not included in the quotation fee and specifically excluded from any fee agreement include; measured surveys, topographical surveys condition surveys, asbestos associated works, advice on issues within a building outside the scope of the works agreed, selection of loose fittings and furnishings, cost planning, submission of appeals, full time site presence, services normally provided by other consultants such as quantity surveyor, structural engineer, Mechanical, Electrical or Structural Design and/or certification of the installation services engineer, landscape architect, ecologist, biodiversity, historic buildings specialist or town planner.

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Please note that all third party fees, such as Council fees, Building Control fees etc, are not included in this fee proposal. Measured surveys provided by LHD Ltd are carried out to a level appropriate for the development of the agreed scope of works only. Lloyd Harden Design can obtain quotes for these works on the clients behalf but this will fall under the Appointment section of this document and remain the responsibility of the client, who will be responsible for additional external fees.

 

THERMAL DESIGN

SAP’s and EPC’s may be required on your project. LHD do not offer this service and this item of works will fall under the Appointments section of this document. SAP’s and EPC’s must be carried out by a qualified and accredited assessor and the requirements for this vary across, New Build, extension and conversion works. LHD will advise to the best of their knowledge during the Working Drawing stage of your project and will assist in sourcing quotes for the clients review and instruction.

 

PAYMENT

50% of the total fee must be paid before commencement of works the remaining balance is to be paid once the full itemised package for the relevant stage, as outlined in your quotation email, has been issued. Accounts are to be settled within 7 days of issue of the account otherwise interest will be charged at 3% above the current bank base rate. Lloyd Harden Design reserve the right to cease work on the project or withhold documents should payment not be received within 7 days of the date of the account.

 

COPYRIGHT

Lloyd Harden Design Ltd. reserves the right to cease all services with the client and termination of working contract. Written notice must be provided to the client outlining the justification and terms of the termination.

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DISPUTE RESOLUTION

In the event of any dispute or difference arising under the Agreement, the Client and LHD Ltd may attempt to settle such dispute or difference by negotiation. Neither party may commence any court proceedings/arbitration in relation to any dispute arising out of this Agreement until an attempt to settle the dispute has been progressed, provided that the right to issue proceedings is not prejudiced by a delay. Any dispute or difference may be referred to adjudication by the Client or LHD Ltd at any time. The adjudication procedures and the Agreement for the appointment of an Adjudicator shall be as set out in the ‘Model Adjudication Procedures’ published by The Construction Industry Council current at the date of reference.

 

GDPR

You can find out how we protect and use your personal information and data by visiting our Privacy Policy on our website: https://www.lloydharden.co.uk/privacy-policy

 

Please do not hesitate to contact us via the details below should you have any queries.