Terms & Conditions
TERMS AND CONDITIONS OF CDGM LTD 2026
- CONTRACTOR’S OBLIGATIONS.
A) In consideration for the payment of the price, the Contractor agrees to carry out the works with due diligence and with all the reasonable speed in a proper and workmanlike manner.
B) The Contractor will take all reasonable steps to secure the property boundary whilst works are undertaken.
- PLANS, SPECIFICATIONS AND APPROVALS.
A) Unless agreed otherwise in writing, the Employer must obtain any approvals needed relating to the works and abide by their conditions.
B) It is the Employer’s responsibility to pay all the relevant fees in respect of such approvals.
C) The Employer will be liable to pay the Contractor for any losses and additional costs incurred if the Employer fails to do so.
D) Any plans or specifications that form part of the description of the works are attached and have been signed by or on behalf of the parties and form part of this agreement.
E) It is the Employer’s responsibility to ensure that the specifications in their drawings or plans comply with Planning and Building Regulations and any other legal requirements, and that they are of sufficient quality to enable the Contractor to complete the works.
F) The Contractor’s responsibility is purely to build to the specifications provided.
G) It is the Employer’s responsibility to ensure that any documents they produce are fit for the intended purposes.
H) Any damage to underground services while completing any of the works or extra works will be the liability of the employer. These are unforeseen and are the liability of the employer, any invoices will be sent to the employer directly. This also includes moving any of the employers furniture that are not moved ahead of us being able to complete our works in the time schedule. Employers should move any items from the area before starting the works.
- SITE ACCESS.
A) The Employer agrees to make the site available from the agreed date until the conclusion of the works and to permit access to address to the Contractor at reasonable times
- SUPPLYING SERVICES.
A) The Employer will provide without charge:
i) Electricity
ii) Water
iii) Toilet and washing facilities
iv) Storage space
- VARIATIONS TO THE WORKS .
A) The Contractor maybe required by the Employer to carry out additional works, in which case any such works and the fee payable for such works must be agreed in writing between the parties before commencement.
B) Payment for additional works will be billed at the time of the next staged payment and must be paid in full before starting the agreed extra works.
C) If additional work is undertaken this may delay the completion date of the project.
D) This agreement for additional works to be undertaken binds and benefits both parties and any successors.
- PAYMENT AND TITLE OF GOODS.
A) Invoices will be issued by the Contractor on completion of contract/stage whichever comes first. Stage payments required and a 5% retention amount will be left to pay on the completion day up to a maximum of £750. Which will be payable before leaving the site and cleared funds required.
B) Payment is due within 24 hours of receipt of invoice.
C) If the Employer for whatever reason refuses to pay, they must give advanced notice of the reasons in writing prior to the payment becoming due.
D) The Contractor retains the right to charge interest at the rate of 8% above the base rate for any outstanding payments. This condition also applies to dishonoured cheques in which an additional fee of £30.00 will be charged per cheque.
E) Title in the goods or materials supplied under this agreement shall pass to the Employer only on payment of the full amount due for them and until payment is made title shall remain with the Contractor.
F) The Contractor shall be entitled to bring action against the Employer for the price of any goods and /or materials supplied under this agreement even if title in them has not passed.
G) In the event of the Employer failing to make any payment due under the terms of this agreement, or otherwise defaulting in any of his obligations hereunder or becoming insolvent or having winding up proceedings (whether compulsory or voluntary) commenced against them, then the Contractor may at its discretion suspend or terminate this agreement and
recover any reasonable losses from the Employer.
- CONSEQUENTIAL LOSSES.
A) The Contractor will not be liable for any loss or consequential liability or damage sustained by the Employer by reason of act of God, war, fire, government control, abnormal weather, altered, late or incomplete instructions from the Employer, delays in obtaining any materials supplied or specifically specified by the Employer, by misuse from the Employer or any other persons not connected in any way to the Contractor or any other circumstances beyond the Contractor’s control.
- SUBCONTRACTING.
A) The Contractor may sub-contract or assign at its discretion all or any part of its obligations under this contract but will remain responsible for the works.
- JOINT LIABILITY.
A) Where the Employer consists of two or more people then the liability on the part of the Employer under this agreement shall be deemed to be joint and several.
- ARBITRATION.
A) Without prejudice to the legal rights of either party, any dispute or difference arising out of or in connection with this contract shall be determined by the arbitration of a single arbitrator who failing agreement shall be appointed by the institute of Arbitrators or a similar body.
- COMPLETION DATE.
A) The Contractor will make every reasonable effort to complete the works within the timeframe specified. However, this date will be extended to take account of:
i) Any delays or absence in receiving instruction from the Employer regarding the works or any changes to the works.
ii) Adverse weather conditions.
iii) The Contractor having due cause to suspend the contract.
iv) Any other delay not under the control of the Contractor.
- DELAYS TO THE WORK.
A) If the work is delayed or interrupted due to the fault of the Employer or the Employer’s nominated materials supplier then the Contractor will be entitled to be paid for any losses or additional costs incurred.
- STOPPING WORK.
A) If an Employer’s scheduled payment is unpaid, the Contractor reserves the right to cease further works for up to 10 days until cleared funds are received.
B) If after 10 days payment has still not been received, the Contractor reserves the right to end the works immediately.
C) If the job is ended in this manner the Contractor is entitled to be paid for any costs incurred in ending the works including any loss of profit which would have been expected had the works been completed in full.
- HEALTH AND SAFETY
A) The Contractor will be responsible for the health and safety issues relating to the works and will take all the practical steps to:
i) Prevent or minimise health and safety risks to the client and others living in or visiting the premises.
ii) Minimise environmental nuisance, disturbance, or pollution from the work.
iii) Ensure that any temporary protection for the work is safe and weatherproof.
B) The Employer will:
i) Take notice of all warnings the Contractor gives about any health and safety or environmental risks which they are taking measures to prevent or minimise.
ii) Not knowingly allow people living in or visiting the premises, particularly children, to be exposed to the danger from any work.
- FOR WHOM THIS CONTRACT IS OF BENEFIT
A) This contract is for the benefit of the Employer and the Contractor and no one else.
- LAW GOVERNING THIS CONTRACT
A) This contract is governed by the law of England and Wales.
