1. 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):
2. ESTIMATES
2.1 The Contractor 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 the Contractor. The Customer's signature on the contract or pressing the accept button on the Quotient platform will signify their acceptance of the work delineated in the estimate. as a formal agreement of the Contract.
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.
3. 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% of the initial project value and payment is expected upon accepting the quotation on the Quotient platform. The deposit will be shown as deducted from the project Valuation.
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 5% 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. The account will be considered overdue after 30 days from the customer receiving the invoice. The interest will be applied and start to accrue after a further 7 days grace period.
3.6 Notification: The customer will be informed by email 7 days after a required payment has become overdue. The customer will receive weekly email payment requests for a 30 day period. The customer will be given a phone call after the 30 day period, to request payment.
3.7 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.
3.8 Urgency Clause - Additional works under time pressure – capped limit of £500 + VAT
a) Urgent Additional Works: In circumstances where additional works are required to meet time-sensitive needs or to avoid delays in the construction project, the Contractor may proceed with the necessary works even if prior written approval is not feasible due to time constraints. This may include, but is not limited to, emergency repairs, unforeseen issues that could delay project completion, or tasks that need to be completed to ensure the safety and integrity of the project.
b) Notification and Post-Approval: As soon as reasonably practicable after the initiation of urgent additional works, the Contractor will notify the Customer of the additional works performed, providing a written summary of the scope of the work and the associated costs. The Customer will then be asked to provide formal written approval of the costs and the work carried out.
c) Cost Agreement: The costs for any urgent additional works will be based on the previously agreed-upon rates (including the 30% uplift for sub-contractor and material costs). If the additional work requires changes in pricing or additional charges, these will be communicated to the Customer as soon as possible, with the understanding that the Customer agrees to these costs upon proceeding with the work.
d) Documentation: All urgent additional works will be documented and incorporated into the final invoice. The Customer agrees that any urgent additional works undertaken in this manner will be treated in the same way as extra works that have been formally approved in writing, and that payment will be due in accordance with the agreed payment terms.
e) Additional works and preliminary charges: Any additional or extra works agreed outside of the original contract, Schedule of works, or Tender shall be subject to an additional charge of 6% of the value of those works. This charge is to cover associated preliminary costs including, but not limited to, site management, supervision, administration, and temporary facilities. All such additional works must be confirmed in writing and agreed by both parties prior to commencement.
f) Scaffold Hire and Associated Charges
Scaffold hire is included for a maximum period of 8 weeks from the date of initial erection. Any period beyond this will incur additional weekly hire charges at the prevailing rate, which will be charged to the Customer. The customer will be informed of additional costs if required.
Should the scaffold be required for a longer duration due to changes to the programme, customer delays, variations, restricted access, or other causes outside the Contractor’s control, these extended hire charges will be the responsibility of the Customer.
All costs associated with the erection, hire, adaptation, and dismantling of scaffolding are recoverable where not included in the original quotation. Unauthorised access, use, or interference with the scaffold by the Customer or third parties may result in additional charges or liability for damage.
4. THE GUARANTEE
4.1 The Contractor 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 The Contractor, 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 the Contractor 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.
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 the Contractor 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. The Customer is allowed a grace period of 7 days from the account being declared overdue to resolve any payment issues and to retain their guarantee. Furthermore, it is expressly recognized that the Contractor 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 with the Contractor.
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.
5. 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 the Contractor 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 the Contractor.
5.4 In the event that off-site storage is required due to early deliveries, and the site not having a suitable area to store the materials (e.g. Kitchens, Sanitaryware). The customer will be liable for the costs to store the materials off site and any other adequate insurance coverage required.
5.5 The Customer must appoint one authorized representative to provide project instructions, ensuring clarity and preventing conflicting directives to the Contractor.
5.6 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.
5.7 Subcontractor Restrictions – The customer agrees to not employ, engage, or permit any Third-Party Subcontractors to perform work on the site during the working period of the Contractor and without prior written consent from the Contractor. Any such engagement without consent will be considered a breach of this agreement.
5.8 The Contractors Project Manager will dictate the timeline of the project and when the customer’s third party Subcontractors will be able to access the site and when material delivery can occur. The Customer is reminded that additional/extra works will have a knock on effect to the timeline. Unforeseen occurrences such as Illness or Subcontractors unable to turn up to site in limited time slots due to their external contracted works will also effect the timeline. This may mean that the Third Party Subcontractors may need to alter their bookings in accordance with the Contractor completing the agreed work on site. This is Non-negotiable as it effects the quality of service we can provide as the Contractor.
5.9 Supply and Installation of Customer-Sourced Products
Where the Customer requests the Contractor to supply a product sourced by the Customer (including but not limited to kitchens, bathrooms, or appliances), a minimum uplift of 20% shall be added to the purchase cost of the product to cover procurement, handling, and administrative overheads.
Alternatively, if the Customer chooses to supply their own product(s) directly, the following conditions shall apply:
• The Customer shall be fully responsible for the management of all customer-supplied items, including ensuring accurate measurements, completeness, and compatibility with the works.
• The Contractor shall not be liable for any damage, defect, or loss relating to customer-supplied items, as no profit or margin has been made on such goods and no responsibility has been assumed for their condition, suitability, or handling.
• The Customer shall be solely responsible for organising and covering the cost of any replacement parts, missing components, or alternative solutions required due to damage, incompatibility, or incomplete delivery of the supplied items.
• Any delays to the project arising from issues with customer-supplied items shall not be the responsibility of the Contractor and may result in additional charges or rescheduling.
These provisions are necessary to protect the Contractor from the risks associated with handling and installing third-party or customer-provided products, for which no commercial benefit or control has been assumed.
6. CUSTOMERS RESPONSIBILITY FOR DRAWINGS, SPECIFICATIONS AND DESIGN
6.1 Interior Design Plans: If your architect is unable to provide the necessary drawings, we ask that you engage a qualified interior designer or similar professional to create detailed layouts for kitchens, bathrooms, and other design elements. If needed, we can recommend a trusted designer to assist with this
6.2 Mechanical, Electrical & Plumbing (MEP) Drawings: To ensure a seamless installation, detailed plans for lighting, socket locations, and plumbing are to be provided by the customer. All plans will be signed off prior to those elements starting to ensure that there are no misunderstandings between all parties.
6.3 Avoiding Delays and Extra Costs: Having all the necessary plans in place before we begin helps keep the project on schedule and avoids any unexpected costs. We’re happy to coordinate with your designer or to provide a designer for you, to make sure everything is ready for construction.
7. PROHIBITED CONDUCT
To ensure a respectful and safe working environment for all Employees and Subcontractors, we have established a clear policy regarding customer behaviour. This policy aims to protect our Staff and Subcontractors from verbal abuse, harassment, or any form of disrespectful communication.
7.1 The Customer is not allowed to pressure, Subcontractors and employees to work outside of their agreed working schedule. Subcontractors and employees are available only during designated working hours unless specific arrangements have been made in advance with the Contractor.
7.2 The Customer is not allowed to verbally abuse, (which includes shouting, swearing, or using derogatory or offensive language.) Any threats of violence or intimidation will result in the termination of the contract with immediate effect. The customer will be liable for any losses incurred, as per Clause 10.3
7.3 Persistent harassment or unreasonable demands that disrupt the ability of staff to perform their duties.
7.4 Disrespectful or discriminatory remarks based on race, gender, religion, disability, or any other protected characteristic.
If any of the above points 7.1 – 7.4 occurs the Contractor reserves the right to terminate or Suspend the contract with all Outstanding costs and losses to be reimbursed by the Customer as per Clause 10.3
8. NO DIRECT ENGAGEMENT WITH STAFF
This section outlines the appropriate channels for communication regarding work requests.
8.1 Customers are strictly prohibited from directly approaching, soliciting, or negotiating work with our employees, contractors, or representatives outside of official company communication channels.
8.2 Any discussions regarding work, projects, or services must be conducted through the company’s official communication channels, including email, phone, or in-person meetings arranged by company management.
8.3 Employees and contractors of the company are bound by their contracts and company policies, which prohibit them from engaging in independent work discussions with customers.
8.4 If a customer attempts to directly engage with staff for work outside of the company, the company reserves the right to:
• Refuse service to the customer.
• Terminate any existing agreements.
• Pursue legal action if necessary.
8.5 Unauthorized Work and Compensation Claims If a customer solicits or engages an employee or contractor of the company to carry out work independently while under contract with the company, the company reserves the right to claim full compensation for any such work as if it had been arranged through official channels, with our stated uplift added as per Clause 3.7
8.6 Compensation will be calculated based on the company’s standard rates, and failure to comply may result in legal action.
8.7 The company also reserves the right to seek additional damages for breach of contract and loss of business resulting from unauthorized engagements. As per Clause 3.7
8.8 Our company values and protects its employees and contractors from undue pressure, solicitation, or conflicts of interest. Customers must respect the professional boundaries set forth by this agreement.
8.9 Any reports of customers approaching staff for work outside the company will be taken seriously and may lead to restrictions on future engagement.
For all work inquiries, please contact us through our official communication channels.
9. CONTRACTOR'S OBLIGATIONS
9.1 In accordance with established legal standards, the Contractor 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.
9.2 As a matter of legal requirement, the Contractor 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.
9.3 The Contractor is legally obligated to always maintain valid employer and public liability insurance policies, in compliance with established legal requirements.
10. CANCELLATION
10.1 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 the Contractor, minus a reasonable administration cost that may be incurred by the Contractor.
10.2 It is imperative to understand that any cancellation outside of the 7 Calendar day stipulated time frame will not entitle the Customer to a refund of any monies paid and may incur further cost for any purchases or services rendered which are above the payments already received by the Contractor
10.3 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.
11. SIGNAGE
11.1 The Contractor, in adherence to legal requirements, reserves the legal right to display suitable site identity and safety signage, where applicable.
11.2 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.
11.3 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.
12. REFERRAL INCENTIVES
12.1 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.
12.2 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.
12.3 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. Payment will be made up to 30 days after the customer’s deposit has been received.
ADDITIONAL CLAUSES
13. Limitation of Liability The Contractor’s liability for any claim arising under or in connection with this agreement shall be limited to the value of the contract, except in cases of death or personal injury caused by negligence. The Contractor shall not be liable for any indirect or consequential damages, including but not limited to loss of income, profit, or business opportunities, arising from the provision of services under this agreement.
14. Governing Law and Jurisdiction Specify that the contract is governed by English law and disputes will be resolved in English courts or via arbitration.
Sincerely,
MICHAEL DAVIDS
Managing Director
Definition of contractual terms:
1. Agreement: A legally binding arrangement between two or more parties that outlines the terms and conditions for a specific transaction or relationship.
2. Parties: The individuals or entities entering into an agreement (e.g., "Customer" and "Contractor").
3. Customer: The individual or entity receiving goods, services, or work under the agreement or contract.
4. Contractor: The individual or business entity hired to perform work, provide services, or deliver a project based on agreed terms.
5. Schedule of Work (SOW): A detailed description of the work, services, or deliverables to be performed under the contract.
6. Work: Tasks, activities, or responsibilities performed by the contractor to fulfil contractual obligations.
7. Extra works: Additional Tasks, Activities or responsibilities performed by the contractor with written agreement from the customer, that are not included in the original estimate. Extra works will be added to the fortnightly valuation and will reflect in the project running total.
8. Services: Electricity, water, welfare
9. Site: The physical or designated location where the work or services are performed.
10. Estimate: A calculated approximation of the cost, time, resources needed to complete specified work or services, provided by the contractor prior to signing of the agreement.
11. Valuation: Spreadsheet of works with costs provided to the customer which shows total value of project, all received payments and any expected payments. It also shows the current running total of the project.
12. Invoice: A detailed statement of charges issued by the contractor to request payment for work or services performed. If required the valuation will be supplied in conjunction with the invoice.
13. Customary Deposit Rate: A standard percentage of the total project or service cost that is paid upfront by the customer to secure the contractor's commitment and cover initial expenses. This rate shall not exceed 10% of the initial project valuation.
14. Bank of England Base Rate: The interest rate set by the Bank of England that serves as a benchmark for lending and borrowing in the UK.
15. Liability: Legal responsibility for damages, losses, or obligations arising from the performance or failure to perform under the contract.
16. Urgency Clause: This allows for immediate action to be taken when there are time pressures, without waiting for formal written approval, which can be critical for maintaining project timelines.
17. Notification and Post-Approval: Even though immediate action is needed, the clause requires that the Customer is notified as soon as possible after the work has begun and that they will provide formal approval of the costs.
18. Cost Agreement: This ensures that the costs are still based on previously agreed rates (with the uplift), and if any new pricing is required, the Customer is informed quickly.
19. Documentation: Even for urgent works, proper documentation will be provided to the Customer, maintaining transparency and ensuring that everything is properly recorded for future reference.
20. Communication Channels: Accepted communication throughout the works is via email, telephone calls via the office or to the appointed project manager or via WhatsApp group created for the project.