1. Services
Structural Engineer near me SENM (“the Consultant”) shall provide the structural engineering services described in our written fee proposal or quotation (“the Services”).
The Consultant shall perform the Services with reasonable skill, care and diligence expected of a suitably qualified structural engineering consultant.
The Consultant may appoint suitably qualified sub-consultants where reasonably required to undertake part of the Services.
These Terms & Conditions shall apply from the date the Consultant first commences work on the project.
2. Scope of services
The scope of Services shall be as stated in the Consultant’s fee proposal.
Any work outside the agreed scope, including revisions arising from changes to the Client’s brief, architectural drawings, structural arrangement, site conditions, Building Control requirements or third-party comments, may be subject to additional fees.
3. Fees and payment
The Client shall pay the fees stated in the Consultant’s fee proposal.
Invoices are payable within 14 days of the invoice date.
Where the Client disputes an invoice, written notice identifying the disputed amount and reasons shall be provided promptly.
The Consultant may suspend Services following 7 days’ written notice where payment remains overdue.
Fees may be adjusted where the scope of Services is changed, the project is substantially revised, or additional work is required for reasons outside the Consultant’s reasonable control.
Additional work shall be charged at the agreed hourly rates or, where no rates have been specified, at a fair and reasonable fee.
4. Client information
The Consultant shall be entitled to rely upon information, drawings, dimensions, surveys, reports and other information provided by the Client or other project consultants.
The Client is responsible for ensuring that information supplied to the Consultant is accurate and complete.
Where actual site conditions differ materially from information provided, the Consultant shall be entitled to review the design and charge for any additional work reasonably required.
5. Existing structures and ground conditions
Unless specifically included within the agreed Services, the Consultant’s work does not constitute a full structural survey or investigation of the existing building.
The Consultant shall not be responsible for concealed defects, unknown existing conditions, unforeseen ground conditions or other matters that could not reasonably have been identified from the information available.
Where trees may influence foundations or ground conditions, the Consultant’s assessment shall be based on the information and investigations available at the time of design.
6. Site attendance and construction
Unless specifically stated in the agreed scope, site attendance does not constitute full-time site supervision, clerk of works services or monitoring of the Contractor.
The Consultant is not responsible for construction methods, temporary works, workmanship, sequencing, health and safety or the supervision of Contractors.
Site visits shall be limited to the specific purpose for which they are undertaken.
The Contractor remains responsible for constructing the works in accordance with the approved drawings, calculations, specifications and applicable legislation.
7. Building regulations and building control
Where included within the agreed Services, structural information shall be prepared with regard to the applicable requirements of Part A of the Building Regulations and relevant British Standards and recognised technical guidance.
The Consultant does not guarantee approval by Building Control, a warranty provider or any other third party.
Additional calculations, drawings or design amendments requested by Building Control or other third parties outside the agreed scope may incur additional fees.
8. Copyright and use of documents
Copyright in all drawings, calculations, specifications, reports and other documents prepared by the Consultant shall remain with STRUCTURAL ENGINEER NEAR ME (SENM).
Subject to payment of all fees due, the Client is granted a non-exclusive licence to use and reproduce the documents solely for the project for which they were prepared.
The documents must not be reused, modified or applied to another project without the Consultant’s prior written consent.
The Consultant shall have no liability for the use of its documents for any purpose other than that for which they were prepared.
Where fees remain unpaid, the Consultant may suspend the Client’s licence to use the documents upon giving 7 days’ written notice.
9. Professional indemnity insurance
The Consultant shall maintain professional indemnity insurance appropriate to the Services provided, subject to the availability of suitable cover at commercially reasonable rates and the terms, conditions and exclusions of the relevant policy.
10. Limitation of liability
To the extent permitted by law, the Consultant’s total liability arising out of or in connection with the Services shall not exceed £1,000,000 or such lower amount as may be recoverable under the Consultant’s professional indemnity insurance.
The Consultant shall only be liable to the extent that it is fair and reasonable for the Consultant to bear responsibility for the relevant loss, having regard to the responsibility of other consultants, contractors and relevant parties involved in the project.
Nothing in these Terms shall exclude or limit liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence.
No claim shall be brought against the Consultant after the expiry of 6 years from completion of the Services, or such other period as may be prescribed by law.
11. Third-party rights
A person who is not a party to the agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the agreement.
12. Suspension and termination
The Consultant may suspend the Services by giving at least 7 days’ written notice where:
- fees remain unpaid after the final payment date; or
- the Consultant is prevented or materially impeded from performing the Services for reasons beyond its reasonable control.
Either party may terminate the Services by giving 10 days’ written notice where the other party substantially fails to comply with its obligations and does not remedy the breach.
Either party may terminate the agreement immediately where the other party becomes insolvent, enters liquidation or administration, or becomes subject to equivalent insolvency proceedings.
On termination, the Client shall pay all fees due and a fair and reasonable proportion of fees for Services completed or part-completed up to the date of termination.
13. Exclusions
Unless specifically included within the agreed scope, the Consultant shall have no responsibility for:
- Full structural surveys or investigations;
- Construction supervision or monitoring;
- Special inspections or testing during construction;
- Temporary works or construction methodology;
- Workmanship or materials supplied by Contractors;
- Concealed existing defects;
- Unforeseen ground or load-bearing conditions;
- Conditions differing materially from information supplied by the Client or other parties; or
- Matters outside the agreed scope of Services.
14. Assignment
The Client shall not assign or transfer its rights or obligations under the agreement without the Consultant’s prior written consent.
15. Governing law
These Terms & Conditions shall be governed by and construed in accordance with the laws of England and Wales.
The parties agree that the courts of England and Wales shall have jurisdiction over disputes arising from the agreement, subject to any mandatory rights available under applicable law.
16. Agreement
Acceptance of the Consultant’s fee proposal or commencement of the Services shall constitute acceptance of these Terms & Conditions.
These Terms & Conditions, together with the Consultant’s fee proposal and agreed scope of Services, constitute the basis of the Consultant’s appointment.
