1.0 Services to be Performed
1.1 LBBC Ltd will provide the services (“the Services”) of an Approved Inspector to supervise work at the Site exercising the skill and care of a properly qualified and experienced Approved Inspector in accordance with the powers and duties set out in the Building (Approved Inspectors etc) Regulations 2000 as amended (“the Regulations”).
1.2 LBBC will jointly with the Builder submit an Initial Notice to the relevant local authority in accordance with the Regulations.
2.0 Terms of Agreement
2.1 This Agreement will, subject to the provisions of paragraph 6 below, commence when formally appointed and terminate at the issue of the last Final Certificate for the Site to which the Services apply (“the Term”).
3.0 LBBC Obligations
3.1 LBBC will, so far as is possible, co-operate with the Builder in providing the Services in conjunction with the Builders programme of work provided always that LBBC retains the right to carry out inspections on whatever time and date appear most appropriate.
3.2 LBBC will, so far as its duties under the Regulations permit, co-operate with third parties at the Builders request and will supply relevant information to those parties in accordance with any request from the Builder. LBBC reserves the right to make a charge for such information.
3.3 If there is a dispute or difference over the meaning, application or interpretation of Building Regulations or if any relaxation or extension of time is required under or in connection with those Regulations LBBC will co-operate with and assist the Builder (at the Builder’s cost) in making an application to resolve the matter to the relevant authority.
3.4 In the event that LBBC considers that the Builder has not complied with the Building Regulations and other relevant legislation it may give notice of that fact to the Builder. If the non-compliance cannot be resolved informally LBBC will take such formal steps as are required by the Regulations in respect of that contravention.
3.5 On being satisfied that the Building Regulations and other relevant legislation has been complied with LBBC will issue a Final Certificate in respect of the work covered by the Initial Notice.
4.0 The Builder’s Obligations
4.1 The Builder will comply with the Regulations, the Building Regulations and other relevant legislation so as to enable LBBC to perform the Services and in particular will make inspection and testing facilities on the Site available to LBBC in order that it can check for compliance.
4.2 The Builder will notify LBBC when work on Site reaches each stage at which LBBC has informed the Builder that an inspection should be carried out.
4.3 The Builder will supply or procure the supply, within a reasonable time of request, of such information, drawings and calculations about the works and the Site as BCS may reasonably require in order that it may provide the Services.
4.4 If required the Builder will supply a person or persons to be LBBC point of contact either on the Site or elsewhere. That person or persons will have sufficient authority to take any action required by LBBC in order to ensure compliance with the obligations under this Agreement.
5.0 Payment
5.1 Payment will be made in accordance with the prevailing procedures and at the rates adapted by LBBC. VAT will be paid in respect of the Services. The payment is not refundable in any circumstances.
6.0 Termination
6.1 This Agreement may be terminated forthwith by LBBC by giving written notice to the Builder in the event that:
- LBBC cancels an initial Notice in accordance with the Regulations;
- a receiver or administrative receiver is appointed in respect of the business, property or assets of the builder;
- the Builder makes any composition or arrangement with its creditors or becomes subject to an administration order or ceases or threatens to cease trading; or
- the Builder (if a limited company) goes into liquidation (except for the purposes of amalgamation or reconstruction and in such manner that the company resulting therefrom effectively agrees to be bound by or to assume the obligations imposed on the Builder under this Agreement).
6.2 At the discretion of LBBC a cancellation fee may be charged, at a rate of up to a maximum of 50% of the total fee, should the contract be terminated or the project not going ahead.
7.0 Exclusion of Liability
7.1 LBBC will be under no obligation to worn or inform the Builder or any third party on his behalf or take any action in respect of any matter relating to the Site or the works on it that does not arise under the Regulations.
8.0 Intellectual Property Rights
8.1 All intellectual property rights, including, but not limited to copyright which may arise in any document or report including but not limited to, any proprietary materials, drawings or graphic works, which may be discovered or produced during or incidental to the performance of the Services, whether by LBBC.
8.2 All information, documents, reports, plans, drawings or other such materials produced by or for the Builder in connection with the Services shall belong to the Builder, but the Builder will make any such materials available for the use of LBBC where necessary for the performance of the Services.
9.0 Confidential Information
9.1 The parties to this Agreement will not disclose any information of a confidential nature about the other to any third party unless that information is already in the public domain or disclosure is required by law.
10.0 Insurance
10.1 LBBC will maintain such insurance as is required under S47 (6) and (7) Building Act 1984 and will maintain professional indemnity insurance with cover up to a maximum of £5,000,000 for any one claim or services of related claims.
11 Retention of and access to records
11.1 During the course of our work we will collect information from the builder and others acting on the builders behalf and will return any original documents to the builder following our work.
11.2 Whilst certain documents may legally belong to the builder, we intend to destroy correspondence and other papers that we store which are more than 15 years old, other than documents which we consider to be of continuing significance. If the builder requires retention of any document, then the builder must notify us of that fact in writing.
12 Quality control
12.1 As a CIC approved inspector we are required to undergo a review of our procedures on a regular basis, during which a sample of files is examined. Although there is a confidentiality undertaking between ourselves and the CIC it is important that the builder is aware of this arrangement.
13 Complaints procedure
13.1 If at any time the builder would like to discuss with us how our service to the builder could be improved, or if the builder is dissatisfied with the service the builder is are receiving, the builder should us know, by contacting Ray Ormiston by telephone, email, fax or post.
13.2 We undertake to look into any complaint carefully and promptly and to do all
we can to explain the position to the builder. If the builder feels that we have given the builder a less than satisfactory service, we undertake to do everything reasonable to address
the builders concerns. If the builder is still not satisfied, then the builder may of course take up matters with the Registrar at the CIC either by post or electronically
14 Electronic communication
14.1 Internet communications are capable of data corruption and therefore we do not accept any responsibility for changes made to such communications after their dispatch. It may therefore be inappropriate to rely on advice contained in an e-mail without obtaining written confirmation of it. We do not accept responsibility for any errors or problems that may arise through the use of internet communication and all risks connected with sending commercially sensitive information relating to the builders business are borne by the builder. If the builder does not agree to accept this risk, then the builder should notify us in writing that e-mail is not an acceptable means of communication.
14.2 It is the responsibility of the recipient to carry out a virus check on any attachments received.
15 Data Protection Act 1998
15.1 We may obtain, use, process and disclose personal data about the builder in order that we may discharge the services agreement, and for other related purposes including updating and enhancing client records, analysis for management purposes and statutory returns, crime prevention and legal and regulatory compliance. The builder has a right of access, under data protection legislation, to the personal data that we hold about the builder.
16 Contracts (Rights of Third Parties) Act 1999
16.1 Persons who are not party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
17.0 Notice
17.1 Any notice will be properly given under this Agreement if sent by fax or by recorded delivery post to the addressee at its address in this Agreement or such other address as that party may have notified. Any notice sent by fax shall be deemed to have been given on the day of transmission and, if sent by recorded delivery, on the second business day following the date of posting.
18.0 Entire Agreement
18.1 This Agreement constitutes the entire agreement between the parties in respect of the performance of the Services and any other provisions referred to elsewhere are excluded.
19.0 Severability
19.1 Each of the obligations contained in the paragraphs and sub-paragraphs of this Agreement shall be construed as separate and severable if at any time any one or more of the obligations is or becomes invalid, illegal or unenforceable in any respect under law but would be valid if some part thereof were deleted or the period or area of application reduced that obligation will apply modified as may be necessary to make it valid and effective. The validity, legality and enforceability of the remaining paragraphs and sub-paragraphs will not in any way be affected or impaired thereby.
20 Applicable law
20.1 This agreement is governed by, and construed in accordance with, English law. The Courts of England will have exclusive jurisdiction in relation to any claim, dispute or difference concerning this agreement and any matter arising from it. Each party irrevocably waives any right it may have to object to any action being brought in those courts, to claim that the action has been brought in an inappropriate forum, or to claim that those courts do not have jurisdiction.
