CONDITIONS OF ENGAGEMENT FOR BUILDING SURVEYING SERVICES
Should you decide to instruct Bedfords Surveyors to act on your behalf in the reinstatement of your property, in accordance with the requirements of our professional body the Royal Institution of Chartered Surveyors, we require your written instructions for our file, however, by virtue of us continuing to act on your behalf without objection you are deemed to have accepted these terms and conditions.
Extent of Services
Professional services to include preparation of a schedule of work and all associated contract documentation. To seek competitive tenders and prepare a tender report. Obtaining Local Authority approvals as required. Advise on and administer the contract through to completion with a view to secure completion in an efficient and economical manner.
Clerk of Works Service
Bedfords Surveyors Ltd do not perform a Clerk of Works service/role as part of the fee.
Our fees will be charged on a percentage basis. Fees for any additional services as you may require will be at your own costs and subject to negotiation with the handling surveyor.
Fees and disbursements are due immediately upon receipt of our invoice. Please note that this clause, when applied to insurance claims, will take effect from the date that you or your agent takes receipt of a payment from your insurers. If payment remains wholly or partially outstanding for more than 30 days after the date of the invoice, the balance will thereafter accrue interest until paid at the rate of 4% above base rate from the date of invoice. If the client has any queries in respect of the invoice in full or in part, then such objections or queries must be notified to us in writing within 14 working days of the date of the invoice, otherwise the invoice will be deemed to have been approved and payment will become due. Any costs incurred by us in recovering payment in respect of unpaid invoices, in part or in full, will become part of and will be added to the invoice in question.
Where your insurer has appointed a third party, e.g., a loss adjuster to act as agent, then their approval to our involvement and all services covered by our fee invoice shall be conclusive and payment of that invoice shall not be withheld by the client. If you have instructed a third party to act as your agent then their signature on this form on your behalf will be deemed as your acceptance of our terms and conditions herein.
Where your insurers or other third party have only agreed to meet partial payment of our fee invoice, you will be liable for the total of the outstanding balance due.
Fees will become due for payment at a rate of 75% of the full fee on completion of the tender stage (Stage 1) and the remaining 25% on certification of the final account (Stage 2). If we prepare the specification only we will be entitled to charge 50% of our agreed fee, which will be based on our estimated value of the contract works. No allowance has been made for fees that may become due with regard to structural engineering services, Building Regulation notices, CDM Regulations compliance (where applicable), party wall services, Planning Permissions, other specialist reports or disbursements in relation to these work items. These would be charged as an addition to the percentage fee above.
Fees in Respect of Client Alteration Works
Where client alterations are also incorporated during the insurance reinstatement work, you will be liable for payment of the proportion of our fee invoice relative to the cost of the additional work. This additional fee and extent of our professional services will be notified to you prior to our commencing these works. Payment of these fees is subject to the payment terms as stipulated above. Where client alteration works involve Local Authority applications for Planning & Building Regulations, Bedfords Surveyors fee does not include for the relevant application fee which will become due to the Local Authority. Bedfords Surveyors will notify you of this or any other additional fee that may be applicable. Where client alteration works require the involvement of specialist services such as structural engineering services etc. you will be directly responsible for their services, fees and other costs unless otherwise agreed.
In the event that specialist services or contractors are required, you are at liberty to instruct such specialists or contractors independently or, if agreed, we will introduce specialists/contractors to you. In either event, all specialists and contractors will at all times be your agents. You will undertake to be directly responsible to such specialists or contractors for their fees and other costs, assuming that we have confirmed that fees or costs are acceptable and that payment has been certified.
No asbestos survey has been carried out at the property by Bedfords Surveyors Ltd.
Clients Duties Under the Construction (Design & Management) (CDM) Regulations 2015
Under the CDM regulations you are classified as the “Domestic Client”. Your duties as a domestic client are to appoint a ‘principal designer’ and ‘principal contractor’ in writing. You will need to formally appoint a principal contractor for the work (Bedfords Surveyors will assist you here). If you fail to do this, you agree that you will be liable for all their duties as principal contractor.
You accept all responsibilities to carry out the client duties under the CDM 2015 Regulations as listed: (1) Appoint in writing a principal designer and principal contractor. (2) Ensure arrangements are in place for managing and organising the project (3) Allow adequate time (4) Provide information to your designer and contractor (5) Communicate with your designer and contractor (6) Ensure adequate welfare facilities on site (7) Ensure a Construction Phase Plan is in place (8) Keep the Health & Safety File (9) Protect members of the public including your employees (10) Ensure workplaces are designed correctly (11)Notify the HSE (F10) for construction work lasting over 30 days with more than 20 workers working at the same time or involving 500 person days of work.
Bedfords Surveyors Ltd are acting as Principal Designer, the client will look only to the company as an entity and not to individuals who carry out the Principal Designer functions. The client agrees not to pursue any individuals working as the Principal Designer in contract, tort or for breach of statutory duty.
Works Carried Out Under Contract
Where contracts are entered into in respect of building works or other consultancy works, the client is deemed to be bound by the strict wording and conditions of the agreements.
In all other instructions we are bound by the Conditions of Engagement for Building Surveying Services as produced by the Royal Institution of Chartered Surveyors. The full wording is available at our offices.
Although our continuing involvement to act on your behalf in this matter will amount to an acceptance of our terms and conditions of business, it would be helpful if you would please sign and return one copy to retain on our file.
DPB Regulatory Status
This firm is not authorised by the Financial Conduct Authority. However, we are included on the register maintained by the Financial Conduct Authority so that we can carry out insurance mediation activity which is broadly advising on, selling, and administration of insurance contracts. This part of our business, including arrangements for complaints or redress is regulated by the Royal Institution of Chartered Surveyors (RICS). The register can be accessed via the Financial Conduct Authority website www.fsa.gov.uk/register. Mr MJ Bedford is responsible for insurance work within Bedfords Surveyors Ltd.
Our Complaints Handling Procedure
Bedfords Surveyors Ltd are committed to providing a high quality service. We acknowledge however, that there may be occasions where we get things wrong or make mistakes. To deal with this, we have a complaints procedure.
How to Complain
In all cases, the address for correspondence is;
Mr MJ Bedford – Director, Bedfords Surveyors Ltd, The Weighbridge, Turkey Mill, Ashford Road, Maidstone, Kent ME14 5PP
If you have made your complaint verbally, you will be required to send a written summary of your complaint to the above address.
Once we have received your complaint you will receive a written response within seven days. Within twenty one days of receipt of your written complaint we will write to you informing you of our investigations and let you know what actions have been or will be taken.
If you are dissatisfied with any aspect of our handling of your complaint you are entitled to refer your complaint to one of the two following independent redress schemes;
If you are a member of the general public:-
PO Box 1021
Tel: 0330 440 1634
If you are a business:-
Property RICS Dispute Resolution Service (DRS)
Coventry CV4 8JE
Tel: 0207 334 3806