Terms & Conditions

1Who we are and how these terms apply

1.1These are the terms and conditions on which RJS Innovative Building Ltd (“we”, “us” or “RJS”) supplies building, renovation, extension and related construction services (the “Works”) to you (the “Client”, “you”).

1.2We are a company registered in England and Wales under company number 10012712, with our registered office at 5 Chigwell Road, London, E18 1LR. Our VAT registration number is 288422964.

1.3These terms apply to any quotation, estimate or contract for Works between us and you, and form part of the contract along with our written quotation, the agreed specification/drawings, and any schedule of works (together, the “Contract”). Where there is any conflict between these terms and the quotation or specification, the document that gives you the greater protection or benefit will apply, unless we have clearly agreed otherwise in writing.

1.4Where you are an individual buying Works wholly or mainly for purposes outside any trade, business or profession, you are a “consumer” and the Consumer Rights Act 2015 and other consumer protection law apply to this Contract in addition to these terms. Nothing in these terms limits or excludes any right you have as a consumer that cannot lawfully be limited or excluded.

1.5If you are contracting with us in the course of a business (for example, as a limited company, landlord letting as a business, or developer), some of the consumer-specific protections referred to in these terms (such as the cancellation rights in clause 6) will not apply, and this will be confirmed with you separately.

2Quotations, surveys and how a contract is formed

2.1Our quotations are valid for 30 days from the date shown, unless we say otherwise in writing. Prices may need to change after that if material or labour costs move, or if a site survey reveals something that was not apparent when the quotation was prepared.

2.2An estimate is a guide to likely cost and is not a fixed price. A quotation is a fixed price for the scope of Works described in it, subject to clause 5 (variations) and clause 2.3 (unforeseen conditions).

2.3Our quotation is based on the information and access available to us at the time of survey, including any information you give us about the property. If, once work starts, we find conditions that could not reasonably have been identified beforehand — for example hidden structural defects, asbestos, contaminated ground, unforeseen drainage or wiring, or conditions not visible on survey — we will tell you as soon as reasonably possible, explain the likely cost and time impact, and agree next steps with you before continuing that part of the Works. We will not simply carry out and charge for additional work without first agreeing it with you, except where it is necessary to make the site safe.

2.4A Contract is formed when you accept our quotation in writing (including by email or e-signature) or, where earlier, when you ask us to begin the Works and we do so. We recommend you read these terms and the quotation together before accepting.

2.5You are responsible for obtaining any planning permission, listed building consent, party wall agreements, lease consents or similar third-party approvals needed for the Works, unless we have specifically agreed in writing to obtain these on your behalf as part of the Works. We can advise on typical requirements, but this is not a substitute for your own professional or legal advice.

3The works we will carry out

3.1We will carry out the Works with reasonable care and skill, in accordance with the specification agreed with you, and in compliance with the Building Regulations, relevant British Standards and other applicable law in force at the time the Works are carried out.

3.2Materials used will be of satisfactory quality, fit for their intended purpose, and will match any description, sample or specification agreed with you. Where you have chosen specific materials, fittings or finishes, we are not responsible for defects that are inherent in your choice, provided we reasonably drew any concerns to your attention beforehand.

3.3Where we recommend or select materials on your behalf, we will use suppliers and products appropriate for a high-specification residential build unless you ask us to use a different specification.

3.4Minor deviations from drawings or specifications that do not materially affect the appearance, function, quality or value of the Works may occur during construction (for example, for practical site reasons) and will not, of themselves, be treated as a breach of Contract. We will use reasonable efforts to tell you about any such deviation in advance where practicable.

4Price and payment

4.1The price for the Works is as set out in our quotation and is inclusive of VAT unless stated otherwise. We will tell you clearly if VAT is to be added.

4.2Unless otherwise agreed in writing, payment will be made in stages linked to specific, agreed milestones (a “payment schedule”), which will be set out in or attached to your quotation before you accept it. Each stage payment becomes due on completion of the relevant stage, as confirmed in writing (which may be by email, message or site sign-off).

4.3Any deposit or advance payment requested before work starts reflects our reasonable costs of design, procurement, scheduling and materials ordered specifically for your project, and will be clearly stated in the quotation. We will never ask for the full contract price upfront.

4.4Invoices are payable within 7 days of the invoice date unless otherwise agreed in writing. If a payment is not made by the due date, we may (after giving you at least 7 days’ written notice) pause further Works until payment is received; we will not do this for a minor or disputed shortfall raised in good faith, or without first trying to resolve the issue with you.

4.5If you dispute any part of an invoice, please tell us in writing, with reasons, within 7 days of receiving it. You should still pay any undisputed part by the due date. We will investigate genuine disputes promptly and will not treat a good-faith query as late payment.

4.6Interest on genuinely overdue and undisputed amounts (that is, not paid by the due date and not the subject of a good-faith dispute) may be charged at the rate applicable under the Late Payment of Commercial Debts (Interest) Act 1998, or, for consumer contracts, a reasonable rate not exceeding 4% above the Bank of England base rate, whichever is lower and applicable to your contract type.

5Changes to the works (variations)

5.1If you want to change the scope of the Works, please tell us in writing (including by email or message) and we will confirm, before carrying out the change, the impact on price and timescale in writing. No variation will be charged unless you have agreed it in advance, except where immediate action is necessary for safety reasons, in which case we will tell you as soon as reasonably possible afterwards.

5.2Equally, if we consider a variation is needed (for example, because of a site condition described in clause 2.3, or a Building Regulations requirement), we will explain why, provide a cost and time estimate, and only proceed once you have agreed.

5.3Variations may affect the completion date under clause 8. We will tell you of any likely delay when we discuss the variation with you.

6Your right to cancel

6.1If this Contract is agreed away from our business premises (for example, at your home) or entirely at a distance (for example, by phone, email or online, without a face-to-face meeting), and you are a consumer, you have a legal right to cancel the Contract within 14 days of the day the Contract is agreed, without giving a reason, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This is known as the “cooling-off period”.

6.2To cancel during the cooling-off period, tell us clearly in writing (for example by email or letter) that you wish to cancel. You do not have to use a particular form of words, provided it is clear.

6.3If you ask us to start Works before the cooling-off period ends, you must make this request to us expressly and in writing. In that case:

if you later cancel within the cooling-off period, you will pay us for the Works actually carried out and any materials reasonably and specifically ordered for your project up to the point of cancellation, calculated on a fair and proportionate basis by reference to the total contract price; and you will not be charged more than this — we will not charge a disproportionate cancellation fee, and any amount you owe will be explained to you clearly with supporting figures.

6.4If you do not expressly ask us to start work during the cooling-off period, we will not begin the Works until that period has ended.

6.5This cancellation right is separate from, and does not affect, any other right you have to end the Contract for breach (see clause 12) or your statutory rights in relation to faulty work or materials.

7Your obligations

To allow us to carry out the Works safely, on time and to the agreed standard, you agree to: give us and our subcontractors safe and reasonable access to the property at the agreed times; ensure that mains water, electricity and (where needed) other services are available on site, unless we have agreed to arrange these; tell us about anything you are aware of that could affect the Works, such as structural issues, asbestos, boundary disputes, or restrictive covenants; obtain any consents referred to in clause 2.5 before the relevant stage of the Works begins; make timely decisions on matters we reasonably refer to you (for example, choices of materials or fittings), as delay in decisions may affect the completion date; and keep pets and, so far as reasonably practicable, children away from the working area for safety reasons.

7.1If your failure to meet any of the above causes delay or additional cost, we will tell you as soon as reasonably possible and discuss the impact with you before charging any additional cost or adjusting the timescale, acting reasonably in the circumstances.

8Start date, programme and delays

8.1We will give you an estimated start date and programme for the Works. Programmes for building work are estimates and can be affected by factors outside our control, such as weather, third-party trades, supply of materials, or matters described in clauses 2.3, 5 and 7.

8.2If we become aware that the Works will take materially longer than the agreed programme, we will tell you as soon as reasonably possible, explain the reason, and give you a revised estimate.

8.3If no completion date has been agreed, we will complete the Works within a reasonable time, taking account of the nature and scale of the project.

9Health, safety and site management

9.1Where the Construction (Design and Management) Regulations 2015 (CDM 2015) apply to the Works, we will comply with our duties under those Regulations, and will explain to you what (if anything) they require of you as domestic or non-domestic client.

9.2We will take reasonable steps to keep the site safe and tidy and to minimise disruption, dust and noise, and will comply with reasonable working hours unless otherwise agreed with you.

10Our guarantee and defects after completion

10.1We guarantee our workmanship for a period of 12 months from the date of practical completion (the “defects liability period”). If a defect in our workmanship appears during this period, tell us in writing as soon as reasonably possible and we will inspect and, where the defect is our responsibility, repair it at no cost to you within a reasonable time.

10.2This guarantee is in addition to, and does not affect, your statutory rights, including your rights under the Consumer Rights Act 2015 in relation to services performed without reasonable care and skill, and goods/materials that are not of satisfactory quality, fit for purpose or as described. Those statutory rights are not limited to 12 months.

10.3Where materials or installed products (for example, boilers, windows or appliances) carry a manufacturer’s warranty, we will pass on the benefit of that warranty to you and provide the relevant documentation.

10.4This guarantee does not cover defects caused by normal wear and tear, misuse, lack of maintenance, work carried out by others after our Works are complete, or changes in ground or structural conditions outside our control.

11Liability and insurance

11.1Nothing in these terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot lawfully be excluded or limited.

11.2Subject to clause 11.1, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this Contract or our negligence, but we are not responsible for any loss or damage that is not foreseeable, or that arises from your breach of this Contract.

11.3We hold public and products liability insurance of £2,000,000 (increased to £2,000,000 for claims involving the application of heat carried out away from our premises, subject to policy terms) and employers’ liability insurance of £10,000,000, under our Contractors Combined policy with Bridgehaven Specialty UK Limited (policy reference F269979A, arranged through Eaton Gate Commercial). We also carry professional indemnity cover of £50,000 for any one claim and £100,000 in the aggregate. Full policy details are available on request. Where the property is a new build or requires structural warranty cover (for example, an NHBC-style warranty), this will be arranged and confirmed separately as part of the quotation.

11.4You are responsible for maintaining adequate buildings insurance on the property throughout the Works (including cover for work in progress), and for telling your insurer that building work is taking place, unless we have specifically agreed to arrange contract works insurance as part of the quotation.

12Suspending or ending the contract

12.1Either of us may end this Contract if the other commits a serious breach of it and, where the breach can be fixed, fails to fix it within 14 days of being asked to in writing.

12.2We may also suspend or end the Contract, having first given you reasonable written notice, if:

payment that is genuinely overdue and undisputed under clause 4 remains unpaid; you fail to give the access or information reasonably needed for us to carry out the Works safely; or continuing to work would put anyone’s safety at risk.

12.3If the Contract ends before the Works are complete, we will invoice you fairly for Works properly carried out and materials specifically and reasonably ordered up to that point, less any sums already paid, and will refund any amount paid that exceeds this. We will not charge a cancellation or termination fee beyond our reasonable costs actually and fairly incurred.

12.4You may end the Contract at any time on reasonable written notice if you no longer wish the Works to continue, subject to paying for Works properly carried out and materials reasonably and specifically committed for your project up to that point, calculated fairly, plus any costs we reasonably and unavoidably incur in cancelling orders placed on your behalf. We will provide a clear breakdown of any such costs.

13Events outside either party’s control

Neither of us is responsible for delay or failure to perform this Contract caused by circumstances beyond that party’s reasonable control (for example, extreme weather, fire, flood, strikes, supply shortages, or government action). If this happens, we will tell you as soon as reasonably possible, and we will agree a reasonable revised programme with you. If such an event continues for more than 60 days, either of us may end the Contract on written notice, and clause 12.3 will apply to any sums due.

14Complaints and how disputes are resolved

14.1If you are unhappy with any aspect of the Works, please raise it with us first — most issues can be sorted out quickly through direct conversation. You can contact us at raphael.sappa@rjsinnovativebuilding.com or 07783 449736.

14.2If we cannot resolve a complaint between us, and you are a consumer, you may be able to refer the matter to an alternative dispute resolution (ADR) provider approved for the construction sector. We are not currently signed up to a specific ADR scheme; if this changes, we will tell you the scheme’s name and how to contact it. Using ADR is optional — you are not required to use it, and it does not affect your right to bring a claim in the courts instead.

14.3Nothing in these terms requires you to use arbitration or ADR for a claim, or otherwise restricts your right to bring proceedings in the courts of England and Wales, or (if you live in Scotland or Northern Ireland) in the courts of the part of the UK in which you live.

15How we use your information

We will use your personal data to provide the Works, manage the Contract and comply with our legal obligations, in accordance with UK data protection law and our privacy notice, available on request. We will not sell your personal data or use it for marketing without your consent.

16General terms

16.1Transfer of rights. You may not transfer your rights or obligations under this Contract to someone else without our written agreement, which we will not withhold unreasonably. We may transfer our rights and obligations to another reputable business only where this does not reduce the protection you have under this Contract, and we will tell you if this happens.

16.2Severability. If any part of these terms is found to be unlawful or unenforceable, the rest will continue to apply.

16.3No waiver. If we do not insist immediately that you do anything you are required to do under these terms, this will not mean that you do not have to do it, and it will not prevent us from taking steps against you at a later date.

16.4Entire agreement. This Contract (these terms together with the quotation and agreed specification) is the entire agreement between us in relation to the Works. This does not exclude liability for any pre-contract statement made fraudulently, or affect your statutory rights, and does not limit any liability for misrepresentation which cannot lawfully be excluded.

16.5Third parties. This Contract is between you and us. No other person has any right to enforce any of its terms, except as expressly stated.

16.6Updates to these terms. We may update these terms from time to time for new contracts; any changes will not apply retrospectively to a Contract you have already entered into with us, unless we are required to change it by law or you agree to the change.

16.7Governing law and jurisdiction. This Contract is governed by the law of England and Wales. If you are a consumer, you may bring proceedings in relation to this Contract in the courts of England and Wales, or, if you live in Scotland or Northern Ireland, in the courts of that part of the UK, and nothing in this clause takes away any protection you have under the law of the country in which you live.