Terms & Conditions

Specific words used in this document are explained as follows: The words “you” and its derivatives are used to mean the Customer and its
successors (whether individual or company) and the words “we” “us and “our” and all their derivatives are used to mean Dacegrade Ltd providing
services under the services described above.

Surveys

By prior agreement, surveys can be provided by a third-party supplier and covered by their own Professional Indemnity Insurance and are accurate within +/- 5mm. The drawings are supplied in DWG format (CAD) and are owned by the you once full payment of the survey stage has been made. These files are transferable should you not wish to proceed with us beyond the initial stage (Stage A). Third party surveys will attract additional cost if not included in our original fee proposal and need to be arranged prior to confirming the survey appointment.

Planning Drawings

The Planning Drawings will include relevant elevations and floor plans to support either a full planning application or lawful development application. The drawings produced at this stage will be in 2D format. Our fees include for the application to be made and submitted on your behalf in electronic format and for any amendments required by the Local Authority whilst the application is in progress. If the first planning application is refused, or we withdraw it under the guidance of the Local Authority, any subsequent applications made will attract a charge of 50% of our original Planning Drawings fees to cover the re-design and re-submission of any further applications, for each and every time thereafter (exclusive of application fees). For Planning Conditions that require an application for release, any work required by us to ensure the release of these conditions will be charged at £175 + Vat per hour plus disbursements (excludesapplication fees).

Planning Appeals

Should a planning application be refused we can discuss the merits of taking the decision to Appeal with the Planning Inspectorate. After advice, should you decide that an Appeal would be the most suitable course of action, we would recommend you use our specialist Appeal Solicitor based in Hertford, who would quote for this service on an individual basis. Alternatively, we are happy to prepare an Appeal case for you and our 50% charge of our original Planning Drawing fees will apply.

Construction Design or Project Delivery Stages

These stages will only be undertaken upon your instruction after a successful planning consent is gained unless specifically instructed beforehand by you.

Construction / Building Regulation Drawings

Traditional Procurement

The Building Regulation / Construction drawings are only produced upon your instruction after a successful planning consent is gained unless specifically instructed beforehand by you. The building regulation drawings will detail all relevant information to support full plans submission and approval. The drawings produced at this stage will include all design specifications, sections and floor plans and construction detail. These drawings will be presented in 2D. Our fees allow for a full plans application to a registered Building Control Body on your behalf. If we are instructed by you to undertake the building regulation / construction drawings before planning consent is received, any changes necessary to these drawings in the event of the design having to be changed to obtain planning consent will be charged at an hourly rate of £175 + Vat per hour plus disbursements.

Construction / Building Regulation Drawings

Design & Build Procurement

The Building Regulation / Construction drawings will be produced by the successful Principle Contractor under the Design & Build Contract and compliance to the Regulations is entirely their responsibility.

Construction Drawings Issue

If we are not being retained for construction phase, once we issue our construction drawings pack and it is approved by Building Control you have 21 days to raise any queries on the construction design. After 21 days have lapsed any questions, queries or site visits become chargeable in advance. If a queury arises and it is discovered to be due to an error on our part, these fees will be refunded.

Tender Package – Design & Build Procurement

Tender Package will be undertaken after planning consent is obtained and only with your express instruction. This package includes electric drawings, lighting & switching drawings, specification and positioning of sanitary ware and specification of finishes. We will produce this package to coincide with the Employers Requirements (for Design and Build Procurement) to give to a select number of approved builders to ensure that control is maintained over pricing and costs. Any drawings will be presented in 2D plans. If we are instructed by you to undertake the construction stages before planning consent is received, any changes necessary to these drawings in the event of the design having to change to obtain planning consent will be charged at an hourly rate of £175 + Vat per hour plus disbursements. Note: on smaller scale projects, aspects of these services may have been included within the construction drawing package above.

Build-Over Agreements

The drawings required for Build-Over Agreement / Build Near to Agreement with Thames Water are charged at [TBC if required]. These drawings include the relevant detail of the main foul water drainage required to obtain approval by Thames Water for building over or near to the main sewer maintained by them. Our fees include for overseeing the submission of the application to Thames Water by the Principle Contractor on your behalf and the necessary negotiations and amendments required to obtain consent. It will usually become apparent if an agreement is required during the survey phase.

Services Rendered and Fee Milestones

If you engage us for the “pre-construction stages” then the full fee up to planning consent will apply. Upon receiving planning consent, you can either take the scheme as it is and administer the “construction stages” by yourself (at which point we will not render any further formal or ad-hoc services – even on an hourly basis), or you can engage u for the construction stages for the fee outlined in our quotation. We expect that if we are engaged for the construction stages then this will be for the full service outlined up to completion. You are able to terminate our service after tender stage and obtaining prices from builders if they are too expensive but we would assume that the development would then not be proceeding; if it is found that the scheme a designed does proceed without our involvement (or by mutual agreement to terminate) then we would seek 25% of the construction stage fee quoted to you.

Please note: under CDM2015 regulations, if we are retained by you to provide Contract Administration or Employers Agent services we are legally required to complete the Project Health & Safety File, which includes as-built drawings and project details and is handed over to you at the end of the project. Our time for producing this file will be charged at a £175 + Vat per hour rate.

 

CDM2015

Our fees outlined in our proposal will cover our duties as Principle Designer or Designer for all stages of the work. Should our services not be required for the construction stages in its entiret then we automatically relinquish the role of Principal Designer or Designer to you the client/employer. We will only assume the role of Principal Designer or Designer for the stages that we are engaged for.

Site Visits

Site visits during the pre-construction stages are allowed for within our fee. Sites visits during the construction stages are allowed within our fee. No site visits will be entertained or undertaken during any stage if we have not been formally engaged for the whole process as outlined.

Statutory Consents & Approvals

Planning Consent

Should you wish to proceed with any construction work prior to receiving full Planning Consent, we accept no liability for any advice we have given in respect of you obtaining that consent, written, verbal or inferred. This course of action is inadvisable and can lead to legal action being taken against you.

Statutory Consents & Approvals

Building Regulations

Should you wish to proceed with the works prior to obtaining the Full Plans Approval, from a registered Building Control Body, we will prepare drawings for a ‘Building Notice’ application whereby the Building Inspector does not sign off our design prior to works commencing, but instead comments on the design during the construction process, approving each stage as it is completed. We do not recommend this course of action and must warn you that you are at serious risk of additional costs with this method of approval, due to the Building Inspector requesting additional works or material changes. We accept no liability whatsoever for any additional costs incurred due to the Inspector not agreeing with our design or any aspect of the Building Regulations, which may be questioned in our design, whilst works are carried out under a ‘Building Notice’.

CDM2015 Regulations

CDM stands for Construction Design and Management, which is the Health & Safety regulations governing the construction industry. These regulations are issued by the Health & Safety Executive (HSE). Up until April 6th 2015 the HSE only had to be notified of the commencement of work on commercial projects. After this date, all projects including domestic will be notifiable if they fall within the qualifying criteria, which is 30 days duration or 500 man days. As a Client you will have varying levels of duties and responsibilities under these regulations, depending on whether you are a domestic or commercial Client, to ensure the health & safety of the project and all operatives working on it. Before any work is started by us, we are required to inform you of all your duties fully. It is your responsibility to ensure you understand your duties fully and comply with them. Information on your duties as a Client is available on the HSE’s website. If you are unsure of any of your duties or the impact of them, you must notify us immediately in writing. We accept no liability what-so-ever for you failing to inform us if you do not understand your duties and requirements once we have informed you ahead of starting work on your project.

Thames Water – Foul Water Drains

With the introduction of new legislation in October 2011 all drains serving more than one dwelling have now been adopted by the main water authority. As such it is necessary to obtain consent for building over or near to these drains. This can affect the design of the drainage and any adjacent foundations. Whilst we make every effort to interpret the rules regarding the treatment of these drains, Thames water (or other water authority) are at liberty to insist on a design that they consider apprpriate and can, in some cases prevent the construction of otherwise approved structures. We would always recommend an early application for a Build-Over-Agreement to ensure that building the proposed structure is feasible. Should you choose to proceed with building works without first obtaining consent from Thames water (or other water authority), we accept no liability whatsoever for any design advice we may have given regarding the drains either verbally or in written or drawn format.

New Building Warranties

For projects where a new dwelling is being constructed or created, it is necessary to obtain a structural warranty or new building warranty. This is required in order for a mortgage to be granted on the dwelling and we would always recommend this being put into place at the earliest opportunity. Our fees allow for liaising with the Principle Contractor and warranty supplier and forwarding all relevant documents and drawings from planning stages.

Payment Terms

Upon engaging our services, the initial phase (survey and initial scheme design where applicable) fees will payable before the survey date and an invoice will be issued. All further fees will be payable in advance in part or in full and a payment schedule will be issued prior to the commencement of each phase.

Interim Payments

On projects where a phase of design works lasts longer than one month we reserve the right to submit interim invoices from time to time for part payment of any phase of works underway to cover works completed or third-party costs, with the interim invoices being raised at the end of the month. Payment of these invoices will be due upon receipt.

Late Payment

In the event that the Client does not pay any amounts due, within the terms of payment, we reserve the right to suspend the licence to use the drawings or similar materials upon giving 7 days notice.

Fee Structure

Our fees for defined works include all disbursements. The only time our fees will increase is if the design or contract parameters change during the design process, or after we have reached an agreement on a final design and layout, or you increase the scope of works, or change the design brief, or additional services are requested.

Our fees are presented on a lump sum basis to cover the work outlined in the fee quotation. As long as no outside circumstances affect the design process our fees will remain as quoted. Should you change the agreed design brief for which we originally quoted or change the design after the design has been approved, or the Local Authority require the planning application to be withdrawn, or refuse planning consent, then our fees will increase at the sums quoted within this document. If we are instructed to produce building regulation / construction / working drawings or Employer’s Requirements specifications before planning consent is received, then there is the risk that there will be additional fees for changes to these documents in the event the overall design requires changing to achieve planning consent.

Changes to Budget / Cost of Work

When calculating our fixed fee quote, we will take into account the scope of works discussed with you at our initial meeting and will have based our fees on a build cost associated with this level of works. Our workload is directly linked to the amount of work being undertaken and this is what we base our fee quote on. Should your budget increase substantially at any point during the design process, our workload will increase directly, and we therefore reserve the right to alter our fees to reflect this additional workload.

VAT

Our fees are currently VAT chargeable and VAT will be chargeable at the rate prevailing at the time the invoice is issued.

Changes to Design & Brief

After undertaking the site survey, we will draw up the existing site/buildings in plan format. We then enter into a design process (Planning Drawings). Prior to starting this process, we will have ascertained a design brief from you, whether verbal or written – a list of all your desired features and requirements. Using your design brief, we analyse and interrogate the design with you in order to achieve an optimum layout. There is no time limitation attached to this process. Once we have agreed on a final design and layout, we will proceed with full design and planning drawings. Once we start producing the full design and planning drawings (whether presented to you or not), if you then change the design, or brief, at this stage, changes will be charged at £175 + Vat per hour plus disbursements.

Building Cost Estimates

Build costs are rising at an unprecedented rate due to increases in raw material cost and labour shortage, which makes accurate estimating very difficult. Any indications of building cost that are given by Dacegrade Ltd from time to time, whether verbal or written, are based on historic data and experience only. We do not accept any liability for the reliability or accuracy of these estimates and they should be taken as indicative costs only.

Project Risk

Whether undertaking an extension, a full refurbishment, new build or commercial development, undertaking any construction work carries inherent risks. These risks can include (but are not limited to) delays in the work and delayed completion, unexpected costs arising from unforeseen ground conditions, circumstances or construction methods, contractor insolvency, poor workmanship (causing delays), under-performing contractors, protracted lead times on materials and material and / or labour shortages. This is not an exhaustive list. When undertaking full management services, we make every effort to minimize these risks, but it is impossible to eliminate them. Therefore, when considering undertaking any construction projects, you must ensure you are prepared to take these risks balanced against your potential gains.

Drawings

You are responsible for ensuring the dimensions and details of the plans comply with your requirements. By instructing us to make statutory applications, or issue drawings to third parties, we will assume that you deem to approve the drawings satisfactory to meet your requirements.

Drawing Copies

We supply our drawings principally in A1 format. Within our stated fees we include all necessary copies for Planning Applications & Tendering and for 2 copies of all planning drawings for you and 1 copy of Tender documents. Any additional drawings will be charged at £5.00 per A1 copy + Vat and P&P.

Exclusions

Our fees exclude generally all local authority and third-party fees, specialist surveys and reports requested or required by the local authority or building control body. All structural engineering fees, site investigation or soils analysis. All structural warranty payments or fees. All Party Wall fees and awards. All third-party fees generally unless otherwise stated.

Construction Documents Only Service

For projects that engage us up to construction document issue only (no tendering or contract administration), upon appointing your builder we offer one remote pre-commencement meeting (prior to any works commencing on site) with your appointed builder to ensure they have all the appropriate documentation and understand the design fully. This meeting is included within the fees paid up to issue of construction drawings and this meeting will be held via video call and will be an opportunity for any queries to be raised and answered. Thereafter no queries can be answered without additional payment. You have the option to pay a one-off up-front payment of £600.00 ex VAT to cover any client of contractor questions during the build phase which covers up to 4 hours of professional time. This is a minimum one-off payment and not reimbursable if hours are not used. This does not effect your consumer rights. Any additional hours required thereafter will be charged at the hourly rate of £175 + Vat per hour

Termination of Contract

Should you decide you wish to terminate the contract with us, you may do so at any of the 2 contract stages (after planning consent or after tender as described above), as long as the fees for that stage are paid in full. If you choose to terminate the contract at the beginning of any stage and work has already begun, abortive costs will apply. Abortive costs will never exceed the stated fees for that given stage.

We reserve the right to terminate our contract with you at any stage of the works. In the event of us terminating the contract, you will only be charged for the works completed up to the last invoiceable stage. We will then supply you with all the work carried out up until that stage in electronic formats for continued use with alternative suppliers, once full cleared payment is received for all outstanding invoices.

Contract

By signing our Letter of Instruction, or instructing us to carry out the survey, or any other aspect of the works quoted for, booking a date for the survey and providing access, you are deemed to have read and understood these terms and conditions and agree to be bound by them. This Contract is executed under hand.

LASPM Limited will be providing the service to you and it is LASPM Limited which will owe you a duty as your professional service provider and which has a contractual relationship with you. Accordingly you agree not to make any claim whatsoever of any kind (whether contract, tort, under legislation or otherwise) personally against any of the current or future members, directors, employees, consultants or agents of LASPM Limited (or any subsidiary of it) in respect of any event, act, omission or matter arising out related or connected work or any services performed or to be performed or any statutory duty (whether under this agreement or any other agreement between us or otherwise). This does not affect your right to claim against LASPM Ltd itself. You acknowledge that it is intended that each current and future member, director, employee, consultant or agent of LASPM Limited (and any subsidiary of it) may rely on and enforce the provisions of this paragraph.

LASPM Limited’s total liability to you (however arising) resulting from or inconnection with this service shall not exceed £1 million. Please note that our terms also limit our liability to you in circumstances where third parties may also have liability to you. Should you wish to vary the provisions of this paragraph we shall be pleased to discuss this with you, but we reserve the right to vary our fees accordingly. This paragraph does not remove the benefit of any protection given to you by our terms and conditions.

Data Processing

Any personal data relating to you gathered by us in the course of your contact with us or during your use of our services will be recorded and will only be used in accordance with our data protection registration. Dacegrade Ltd is registered with the Information Commissioner’s Office under registration reference: ZA355150.

We reserve the right to record video meetings and use this information for training and marketing purposes. No personal data or identifty of our Clients will be used in the public domain.

Projects In Crisis

When rescuing a ‘Project in Crisis’ in addition to our consultation services our services also may or may not include in-house design and project management services and may or may not include large scale outsourcing to other service providers or practices. Our role in a Project in Crisis is to get the project up and running with effective design, management and delivery and our services will be outlined in detail for each project. All above terms and conditions also apply.