Terms and Conditions for UK Domestic Residential Structural Services (A2Z)
These Terms and Conditions govern the agreement between A2Z (The Consultant) and the Client for the provision of structural engineering services related to a proposed development on an existing property. These terms take precedence over any conflicting or less onerous terms found in any referenced standard forms.
● Definitions and Basis of Appointment
- A2Z: The
- The Client: The person(s) or entity engaging A2Z for consultancy
- Services: The specific activities defined in the accompanying fee proposal/correspondence.
- Project: The Client’s works at the stated
- Pre-Construction Information (PCI): Essential project safety and site data (e.g., existing plans, utility surveys, Asbestos Survey).
Standard of Care: A2Z shall exercise reasonable skill, care, and diligence in the performance of the Services.
● Fees, Scope, and Variations
The fee proposal is valid for 1 month. Should the brief be extended, A2Z reserves the right to apply for additional fees.
Change Protocol (Variations): Any requested change to the agreed Services or Project scope constitutes a Variation. A2Z is not contractually obliged to commence work on a Variation until the Client requests it in writing, and both parties formally agree to the revised fee and program in writing.
● Payment Terms and Financial Control
- Payment Schedule: The Client shall pay 50% of the fee upon appointment. The final invoice will be payable upon receipt of the final designs and details.
- Payment Due Date: Payment terms are strictly 14 days from the date of the
- Invoice Query Period: Any queries or disputes regarding the invoice must be raised in writing within seven days of the account being rendered.
- Late Payment: Late payment of undisputed accounts will incur an interest charge of 8% above the Bank of England Base Rate, calculated daily.
- Disbursements: The fee quoted excludes any licence, submission, or application Any such disbursements met by A2Z shall incur a 20% administrative charge.
- Retention: No percentage retention may be applied to any Interim or Final payment
- Suspension for Non-Payment: Should payment not be received within 14 days, A2Z reserves the right to suspend any or all of its obligations and Services by giving not less than 7 days’ written notice.
● Limitation of Liability and Insurance
- Exclusions: This limit shall not exclude or limit liability for: (a) death or personal injury caused by the Consultant’s negligence; or (b) fraud or fraudulent misrepresentations.
- Specific Exclusions: Liability for any claim in relation to asbestos or toxic mould is expressly excluded. A2Z takes no liability for the design or philosophy of waterproofing systems.
- Proportionate Liability: If the loss or damage to the Client is caused in part by the negligence or fault of any other party, the liability of A2Z shall not exceed such proportion of the loss which is just and
● Intellectual Property and Assignment
- Copyright: Copyright of all documents remains vested in A2Z Ltd until all invoices are settled in full. Until full payment is received, the documents may not be relied upon.
- Licence: On full payment, the Client shall have a non-exclusive license to use the documents for any purpose related to the project.
- Assignment: The Client may not assign or transfer its rights without the prior written consent of
● Termination and Suspension
- Client Termination (Non-Performance): Should the appointment be terminated by the Client for reasons other than A2Z non-performance, A2Z is entitled to render a fee account covering the full costs incurred to date.
- Cancellation Charges: Cancellation within 48 hours of a confirmed site survey date will incur cancellation charges.
- Client Suspension Limit: Should the Client suspend the Project for reasons other than A2Z
non-performance, the suspension must not exceed six months. If suspension exceeds six months, the contract automatically converts to a Client termination.
● Structural Execution and Project Responsibilities
- Design Use and Scope Limit: Information is issued for Building Control approval and coordination; it is not fabrication/construction drawings. A2Z is appointed only for the elements noted in the proposal; no assessment is made of other parts of the existing structure.
- Verification and Approvals: Do not scale from drawings. All dimensions and existing conditions must be checked on site by the contractor before ordering materials or starting works. Work should not commence until applicable approvals (Building Control and statutory undertakers) are obtained.
- Temporary Works: Temporary works/propping and safe sequencing are the contractor’s responsibility.
- General Execution: Minor post-works deflection and cracking of brittle finishes may occur and is expected. Minimum beam end bearings are 100 mm (perpendicular) and 150 mm (parallel) to the Steel shall be Grade S355 to BS EN 10025.
- Proprietary Systems: Proprietary systems (e.g., beam-and-block floors, engineered joists) must be designed/certified by specialist suppliers.
● Statutory Duties (CDM 2015)
- Client Appointment Duty: Under CDM 2015, where more than one contractor is involved, the Client must appoint a Principal Designer (PD) and a Principal Contractor (PC) in writing.
- Default Appointment: A2Z confirms it will NOT accept the formal Principal Designer or Principal Contractor roles unless formally appointed by the Client in writing.
- Pre-Construction Information (PCI): The Client has a legal duty to provide relevant PCI, including any required Asbestos Survey for properties built before 2000.
- Suspension for Missing PCI: Failure by the Client to provide necessary PCI within a reasonable timeframe (e.g., 14 days) constitutes grounds for A2Z to suspend the Services immediately.
● Dispute Resolution
- Governing Law: The agreement is governed by English Law.
- Mediation: In the event of a dispute, the parties agree to use mediation as the initial route to
- Exclusion of Adjudication: Statutory Adjudication under the Housing Grants, Construction and Regeneration Act 1996 (HGCRA) is expressly excluded.
● Validity and Agreement
- Validity: Any proposal issued valid for 30 days from the date of issuance
- Agreement: Proceeding with the proposal constitutes agreement to the terms and conditions .
Phone: 07366566838
Email: info@a2zstructuralengineering.co.uk Address: Unit-3 King House, Elm Park Avenue, London
RM12 4RS
