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Terms & Conditions – Residential

ADS STRUCTURAL LIMITED SERVICES & OBLIGATIONS

The function of ADS is to provide the client with structural calculations and structural plans/details where applicable suitable for submission to Building Control.

ADS will not be responsible for any works carried out prior to the obtaining of relevant approvals.

ADS will not be responsible for any works carried out which deviate from the recommendations of the documentation provided by ADS.

Following issue to the client, our contract is complete.

Where a clarification is required by building control this will be dealt with as part of the original fee unless it is due to unforeseen circumstances and/or findings on site upon commencement of the works. (see deviations on site below).

RESPONSIBILITY OF THE CLIENT

The client will be provided with structural calculations and associated material based upon the plans provided by the architect or dimensions and information obtained during a site inspection.

The client is responsible for cross checking prior to construction. Should any structural designs not appear to meet the client aesthetic requirement’s then ADS should be consulted for clarification.

Any structural re-designs required due to lack of brief will be chargeable separate to this quotation.

PROVIDED PLANS

If a quotation is based on the plans provided by the client or their architect, an assessment of the structure has been made based on these plans and the engineer will make suitable assumptions to enable the structural calculations to be carried out. These assumptions will be noted within the calculations and will require confirmation by either the client or contractor prior to proceeding with the works on site.

The engineer will seek advice from the client/architect where an element of structure may be unclear.

Any incorrect advice given to the engineer resulting in the re-design works being required by the engineer will be chargeable as detailed under ‘additional services’.

SITE INSPECTIONS

Where a site survey has been allowed for/identified in the quotation, the Engineer will assess the structure by visual inspection only.

The Engineer will not carry out any intrusive investigation works in order to expose structural elements (e.g., the breaking of plasterboard, lifting of floor finishes, etc.).

Any elements of structure not exposed at the time of the inspection will therefore require assumptions to be made by the Engineer to enable the structural calculations to be carried out. These assumptions will be noted within the calculations and will require confirmation by either the Client or the Contractor prior to proceeding with the works on site.

Carpets may be lifted locally by the Engineer in order to identify the span direction of floor joists relevant to the required structural calculations but only when the Client confirms they are happy for the Engineer to do so.

Amendments to the calculations required as a result of confirmation of the structure by others will incur an additional charge.

Whilst not compulsory, we recommend an inspection be carried out by an ADS engineer to confirm that the building is in reasonably sound condition before the works are designed and then carried out. This service can be provided for an additional £195 +VAT per site visit.

We would also recommend a further inspection during the course of the works to enable us to confirm in writing that the works have been carried out in accordance with Engineer’s design and details and to a satisfactory standard. This service with the provision of a Certificate of Structural Adequacy can be provided for an additional £195 +VAT per site visit.

When accepting this quotation please confirm whether or not you would like any of these services to be provided.

DEVIATIONS ON-SITE

In the event of any deviations to the design which may be required after the Contractor has commenced the works and due to unforeseen conditions at the time of the original design work, there will be additional charges for such work. Such charges will be agreed with the Client before any related site inspection or design works are undertaken.

SUBSOIL CONDITIONS

At the time of our initial design, we have had to make an assumption that the ground conditions are reasonable and that ‘normal’ spread foundations will suffice at a reasonably shallow depth. This can only be confirmed by excavation works on site either before the work commences (in which case the design can then take account of the actual ground conditions on the site) or after the works have been started by the Contractor.

In the latter case, it may be found that ‘normal’ foundations will not be adequate, in which case we would need to review the foundation design requirements based upon the actual site conditions and then provide a further quotation for the foundation design aspect for approval by the client.

EXISTING STRUCTURE ASSUMPTIONS

Without undertaking potentially expensive and disruptive intrusive investigation, the engineer will have to make some assumptions with regards to the existing building structure:

  • Existing wall construction: i.e., brick or block work and its compressive strength. For typical clay brickwork, the compressive strength is assumed to be 15N/mm². The engineer will make reasonable allowance for a reduction in strength due to the age of the building. Blockwork will be assumed to have a compressive strength of 7N/mm². If the building has been recently constructed, the engineer may decide to use a lower compressive strength of 3.6N/mm² to allow for the possibility that a lightweight block has been used for thermal performance benefits, and this will be stated within the drawings.
  • Existing floor joists: Where not indicated by the architect, client, or on the plans provided, the engineer will assume that any existing floor joists will span the shortest distance between load-bearing walls. This will be noted within the calculations and will need to be confirmed prior to the works being undertaken.
  • Roof structure: The engineer will assume a roof structure where not advised of beforehand, based on the age of the property.

DEFINITIONS

‘Building Regulation’ plans/drawings are drawings suitable for submission to the relevant governing bodies. Items not indicated on the plans should be discussed with contractors and agreed before works commence where possible.

‘Structural Calculations’ refer to structural design works required in order to satisfy Approved Document A of the Building Regulations.

EXCLUSIONS

  • Planning & Building Regulations Application fees payable to the council or governing body.
  • Contractors Costs for Site Investigations.
  • Design of temporary support to facilitate the works.
  • CDM Co-ordination.
  • Elements not shown on drawings provided.
  • ADS do not provide hard copies of any plans produced. PDF plans will be emailed to the client and relevant parties to the project, and the contractor is to source paper copies to suit his own needs.

PAYMENT TERMS

Following acceptance of this quotation by the Client, work will commence at the first available opportunity.

The client will be notified on the commencement of the design works and structural calculations will be progressed during this period but will only be issued following receipt of payment from the Client.

A fee invoice will be emailed to the client named in this quotation on completion of the works, with 7-day payment terms.

Structural calculations will only be issued following receipt of payment from the Client.

All invoices are to be paid in full within 7 days from the date of invoicing by either online bank transfer or cheque (made payable to ADS Structural Limited).

Due fees not received within 7 days will result in any further structural design work being stopped immediately, and the further design works will not be progressed until payments are back on schedule.

If this situation does occur ADS will not accept any liability for associated delays to the project.

Any errors on invoices will be rectified by ADS as soon as they are advised and such errors will not change the due date for payment, as noted on the original invoice.

If, following confirmation of the instruction of ADS Structural in accordance with this agreement, the Client for any reason terminates ADS Structural’s contract, a fee invoice will be issued by ADS to cover all work already carried out whether complete or partly complete, and the Client will be required to pay such fee within 7 days of the date of the invoice.

When a client is not at the property at the time agreed for visit/survey resulting in a second visit/attempt being required, then an additional charge of £195 +VAT will be applied to the fee quoted in this document.

ADDITIONAL SERVICES

Typical rates to be applied for all works where specific charges have not already been agreed (for guidance only):

  • Structural calculations re-designs – £95 +VAT per calculation
  • Structural calculations alternative sections – £35 +VAT per calculation
  • Contractors request to change from single structural element to two, or vice versa – £50 +VAT
  • Site Visits £95/hr inclusive of travel with a minimum charge of 1 hour.

CANCELLATION/TERMINATION

ADS reserve the right to cancel its own services.

Following confirmation of acceptance of this quotation, if at any time, for any reason, the client wishes to cancel/terminate the works being carried out by ADS, then an invoice will be raised for the works carried out up until that date. ADS reserve the right to cancel its own services.

When a client is not at the property at the time agreed for visit/survey resulting in a second visit/attempt being required, then additional charges will be applied to the fee quoted in this document.

If the client wishes to terminate the appointment of ADS at this stage, then an invoice for £125 +VAT will be issued to cover administrative time spent prior to and in making the visit.

PROFESSIONAL INDEMNITY INSURANCE

ADS maintain Professional Indemnity Insurance for all works undertaken. A copy of the cover can be made available upon request.

The liability of ADS shall be limited to such a sum as would be just and equitable for ADS to pay having regard to the extent of the responsibility of ADS for the loss or damages suffered on the basis that all other consultants, contractors and any subcontractors who have a liability shall be deemed to have provided contractual undertakings to the client on terms no less onerous than those applying in the case of these terms and conditions and shall be deemed to have paid the client such sums as it would be just and equitable for them to pay having regard to the extent of their responsibility for such loss or damage.

Should the insurance cease for any reason, ADS will notify all clients.

GUARANTEE

The time limit for bringing a claim for breach of this simple contract is 6 years from the date on which the cause of action accrued, i.e., when the breach of contract occurs and not when it is discovered.

RIGHT TO CANCELLATION

ADS reserve the right to cancel its own services.

Under the terms of this Contract, you have the right to cancel within 14 days starting the day after the date the contract is entered. Your cancellation rights are more particularly described in the “Cancellation Instructions” below. If you do wish to cancel, please use the attached cancellation form.

CANCELLATION INSTRUCTIONS

  1. Right to cancel
    • You have the right to cancel this contract within 14 days without giving any reason.
    • To exercise the right to cancel, you must inform us “ADS Structural Limited” of your decision to cancel this contract by clear statement (e.g., a letter sent by post or e-mail) by letter to 107 Mere Grange, Leaside, St Helens, WA9 5GG, or e-mail to info@adsstructural.co.uk. You may use the attached model cancellation form, but it is not obligatory.
    • To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
  2. Effects of cancellation
    • If you cancel this contract, we will reimburse to you all payments received from you, not including costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
    • We may make a deduction from reimbursement for loss in value of goods supplied if the loss is the result of unnecessary handling by you.
    • We will make the reimbursement without undue delay, and not later than:
      • If there were no goods supplied, 14 days after the day on which we were informed about your decision to cancel this contract.
    • We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
    • If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation from this contract, in comparison with the full coverage of the contract.