Please note:

these relate to general building surveying services and may change at any time.  Other services, such as Party Wall Surveyor, Expert Witness or Purchaser’s Surveys will be subject to different terms.  The terms here are an example only, terms provided for specific projects will always take precedent.

Example Conditions of Engagement

 x1. An agreement will be required to be in place at all times between Pearce Building Surveying and Consultancy Ltd (trading as PBSC) and a client.  A client is any person, persons or legal entity who has been issued with these conditions and accepts them AND has been accepted as a client on a name-specific basis by PBSC.  Accepting may be deemed through action.

x2. THE SURVEYOR’S OBLIGATIONS

2.1. A surveyor who will be employed by PBSC and who will be a Member of the Royal Institution of Chartered Surveyors (RICS) will be named and assigned to undertake or oversee an instruction.

 2.2. PBSC through their surveyor shall perform the services with the reasonable skill, care and diligence as ought to be covered for the services offered, under the requirements of the RICS:

 2.2.1. but such liability is limited to the cover of the Professional Indemnity Insurance held by PBSC.

 2.3. Where during the course of building works PBSC makes periodic visits to site to monitor the contractor’s workmanship and progress PBSC shall not be required to make exhaustive or continuous inspections which would be the separate role of a clerk of works or resident surveyor.  Liability for the works shall be limited to omissions or errors reasonably discoverable by PBSC undertaking periodic inspections of the site;

 2.3.1. but it is agreed that the purpose of such inspections is the provision of information, rather than for the purpose of giving any approval to the project as a whole;

 2.3.2. but where the client directly appoints a specialist consultant or contractor or a works contractor, PBSC shall not be liable for any loss, injury or damage incurred through the default of the specialist or other contractor and the client shall check as to the adequacy of the Professional Indemnity Insurance (PII) of other specialists and consultants referred to.

 2.3.3. PBSC shall not, without the consent or authority of the client, give to the main, or any other contractor, supplier or person, any instruction the necessary effect of which would be to materially vary the works, or increase the cost of, or time taken to complete, the works.

 2.3.4. Surveyors cannot advise as to whether the Housing Grants Construction and Regeneration Act 1996 (HGCR Act 1996) will or will not apply.

x3. FEES, CHARGES AND COMMENCEMENT

 3.1. PBSC will confirm in writing the basis of all fees and charges that will payable to PBSC for performing the services before commencing and advise of any variation in the fees or charges when apparent.

 3.2. Fee quotations are valid for acceptance up to 3 months from issue and once commenced assume that no more than 3 months expire without continuity between stages.

 3.3. PBSC will be at liberty to commence work at anytime within 3 months from the date that the client has accepted the quotation.

 3.4. Before accepting a quotation the client and PBSC may mutually agree to a commencement date sooner than 3 months.

 3.5. PBSC reserves the right to delay commencement beyond 3 months provided notice has been given to the client. In this event the client would have the right to terminate the agreement without charge.

 3.6. Where the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply then PBSC will not commence work until after 14 days has expired following the date of providing conditions of engagement to the client, except & unless the client puts in writing instructions for PBSC to start within this 14-day period with their understanding that a fair proportion of the charges will be payable in the event of PBSC commencing work and the client’s cancellation within that period (or other period prescribed by said the Regulations).

 3.7. Unless expressly agreed in writing to the contrary the fees and charges do not include, and PBSC shall be entitled to reimbursement of expenditure comprising:

 3.7.1. fees, other charges and disbursements of any contractor, supplier, clerk of works, other surveyor, professional or consultant engaged with the prior written consent of the client whether directly or as agent for the client, and whether or not working under the direction or supervision of PBSC;

 3.7.2. the reasonable cost of producing or reproducing documents, drawings, maps, photographic and other records and presentation materials;

 3.7.3. reasonable travel and hotel expenses (including mileage for car travel);

 3.7.4. unit charges (but not standing charges) for communications by telephone, telex, facsimile transmission, post, messenger, etc;

 3.7.5. fees and advertising costs in connection with applications for local government consents such as planning permission and building regulation consent;

 3.7.6. any other fees or expenses which the client has authorized PBSC to incur.

 3.8. The fees and charges do not include, and PBSC shall be entitled to payment at agreed rates or where not agreed at the specified hourly rate, for any work arising out of or in connection with:

 3.8.1. changes in the scope of works;

 3.8.2. varied instructions resulting in additional or abortive work;

 3.8.3. defects in materials or in the work of others;

 3.8.4. reinstatement of damaged work;

 3.8.5. determination of a main or other contractor’s employment under a building contract and the appointment of new (main or other) contractors;

 3.8.6. overrun of a contract administered by PBSC where such overrun is beyond the surveyor’s control;

 3.8.7. investigating, negotiating and agreeing loss and expense claims;

 3.8.8. the commencement of adjudication, arbitration or litigation

 3.9. On notice from the client, PBSC shall provide as appropriate:

 3.9.1. PBSC’s published disbursement ‘price list’ which is current at the time;

 3.9.2. time sheets where the fee is based on time charges;

 3.9.3. original receipts or other evidence of other expenses or disbursements.

 3.10. Where PBSC’s fees and charges are expressed as a percentage of total construction costs, that total shall include:

 3.10.1. adjustments consequent upon variations and fluctuations;

 3.10.2. expenditure of provisional, prime cost sums, or contingencies;

 3.10.3. value of materials, labour or services provided by the client free of charge;

 3.10.4. but shall exclude the value of any loss and expense claims.

 3.11. PBSC shall give notice to the client as soon as it becomes reasonably apparent that any work additional resulting in additional fees or charges will be required.

x4. PAYMENT FOR THE SURVEYOR’S SERVICES

 4.1. PBSC shall be entitled to submit a fee & charges invoice:

 4.1.1. when tangible information has been produced and/or when advice is given; or monthly, or at the conclusion of agreed service stages, whichever is the more frequent;

 4.1.2. at suspension or termination of the services;

 4.1.3. when work proves to be abortive, in respect of that work;

 4.1.4. at conclusion of the services.

 4.2. Invoices shall be prepared by reference to quoted fees or charges or as a fair proportion thereof or by reference to suspension or termination charges.

 4.3. PBSC will issue the invoice electronically, by first class post with Royal Mail, or by hand at their discretion, on the date as printed on the invoice.  The ‘due date for payment’ shall be the date printed on the prepared invoice.  

 4.4. The ‘final date for payment’ shall be 14 days after the ‘due date for payment’, and payment shall be made no later than the ‘final date for payment’.

 4.5. On or before the ‘final date for payment’ the client shall pay PBSC against the invoices the fees and charges as are fair & justly included and the client agrees to pay in addition the amount of Value Added Tax (VAT) that is statutorily due.

 4.6. Payment may be made in pound sterling by cheque or BACS transfer to ‘PBSC’ or ‘Pearce Building Surveying and Consultancy Ltd’.  Other forms of payment may be accepted with prior agreement but may be subject to additional charges.

 4.7. Any documents produced by PBSC may be withheld until payment is received.  Documents will be released immediately on payment being cleared through the PBSC’s bank, or sooner at the surveyor’s discretion.

 4.8. Where the client intends to withhold payment of any amount stated in an invoice, the client must give notice to PBSC not later than 7 days after the ‘due date for payment’, stating the amount to be justly withheld and the evidence of the grounds for withholding payment.

 4.9. Any amount not to be withheld or not stated in the notice shall be paid no later than the ‘final date for payment’.

 4.10. Any amounts due to PBSC after the ‘final date for payment’ shall bear interest at a rate of 8% (eight per cent) above the Bank of England base rate (as at each 1st January and 1st July fixed for the subsequent 6th months).  Interest will be re-calculated and accrue daily until the full debt is cleared (partial payments will be used to clear interest accrued before principal debt).

 4.11. In the event that the client is in default over payment of amounts at the ‘final date for payment’ and no notice of intention to withhold payment from such amount has been given, PBSC may defer performance of any or all of the services.  This right is subjected to PBSC first giving the client not less than 7 days notice of such intention and stating the grounds for suspension.  The right to defer performance shall cease when the client makes payment of the amount due.  Any such periods shall be disregarded for the purpose of contractual time limits.

x5. PROFESSIONAL INDEMNITY INSURANCE (PII) & LIABILITY

 5.1. PBSC is required to comply with the regulations of the RICS in respect of the maintenance of Professional Indemnity Insurance.  PBSC shall take out and maintain such Professional Indemnity Insurance at least equal to RICS minimum limits for the duration of the agreement.  Such insurance shall be with an insurer who is listed for this purpose by the RICS.

 5.2. The liability of PBSC shall be limited to such sum as it would be just and equitable for PBSC to pay having regard to the extent of the responsibility of PBSC for the loss or damage suffered, on the basis that all other consultants, the contractor and any subcontractors who have a liability shall be deemed to have provided contractual undertakings to the client on terms no less onerous than those applying in the case of this Agreement.  They shall be deemed to have paid to the client such sums as it would be just and equitable for them to pay having regard to the extent of responsibility for such loss or damage.

 5.3. The client may request evidence of the Professional Indemnity Insurance held and PBSC shall provide such evidence as they are permitted and advised to do by the insurers.

x6. COMMUNICATIONS AND NOTICE

 6.1. Any notice to be given under this Agreement shall be in writing between PBSC and the client within 10 days of a relevant event.  The recipient will be required to acknowledge receipt of a notice within further 10 days.  Where no acknowledge is received the responsibility will be on the sender to duplicate the notice or provide suitable evidence that the notice was sent and received.

 6.2. If the client’s representative ceases to act as such, the client shall promptly inform PBSC in writing of the identity of the new representative.

 6.3. All client’s instructions to PBSC with regard to the services (including those to vary, add to or suspend the services) shall be given to PBSC in writing, or, if orally, confirmed in writing within 7 days.

 6.4. For the purpose of this agreement ‘in writing’ will include e-mails properly addressed.

 6.5. The client shall promptly convey to PBSC any decision or information held by the client necessary for the proper performance of the services.

 6.6. Copies of communications and correspondence will be kept for a reasonable amount of time, being not less than statutory or legal requirements. We may (but are not obliged or guaranteed to do so) record incoming/outgoing telephone calls and retain these for the purposes of providing evidence of business transactions: which may include professional advice given, agreements made and/or instructions received.

x7. CANCELLATION, SUSPENSION AND TERMINATION

 7.1. Where this agreement is subject to the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 the client may cancel the contract within 14-days if executed in accordance with the said regulations, subject to condition 3.6 above.

7.2. The client agrees that the information required by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and any related Cancellation Form may be given to them on a durable medium other than paper, which may include email correspondence and PDF format documents attached to an email correspondence or otherwise accessible via links to PBSC’s website. Where provided such PDF format documents are to be accessed by the client at the time of being provided and the information is to be stored by the client for a suitable period in a way accessible for future reference.

 7.3. The client may terminate this Agreement by giving notice.

 7.4. The client may suspend performance of PBSC by giving notice.  The client may require PBSC to resume performance by giving further notice.

 7.5. On resumption of performance PBSC is entitled to reasonably increase fees provided that notice is given to the client before embarking on the next stage affected by the increase.

 7.6. If the services have been suspended for a period of more than 3 months, the Agreement will be treated as terminated unless otherwise agreed.

 7.7. If the Agreement is to be cancelled or performance of the services is to be suspended or the Agreement is to be terminated:

 7.7.1. the client shall first pay PBSC any installments of the fees and charges due to PBSC up to the date of cancellation, suspension or termination together with a fair & reasonable proportion of the subsequent installment that would have been due, commensurate with the services performed by PBSC and commensurate with the time already committed that cannot reasonably be reallocated by PBSC.

 7.8. After termination for any reason in this section recommencement of services will be subject to a new agreement and terms as applicable at the time including new quotations for fees and charges.

 7.9. If the client materially breaches their obligations of this Agreement, PBSC may serve on the client notice specifying the breach and requiring its remedy within 28 days, and if the client thereafter fails to remedy that breach within that period, PBSC may terminate this Agreement giving notice to the client.

 7.10. If more than 3 months occur between stages due to the client not instructing on the next stage then this Agreement will be treated as suspended.

 7.11. If PBSC is unable to reasonably meet the obligations set-out in section 2 or section 5 they will immediately give notice to the client and suspend or terminate the agreement as necessary.

 7.12. Where PBSC’s performance is unreasonably frustrated by the client then PBSC reserves the right to suspend or terminate this agreement subject to first giving notice.

 7.13. Either party may suspend performance of the services or may terminate the appointment by giving notice if the other:

 7.13.1. commits an act of bankruptcy or has a receiving or administrative order made against it; and/or goes into liquidation; and/or becomes insolvent; and/or makes any arrangements with its creditors; and

 7.14. Where the client suspends or terminates this agreement before any work commences specific suspension or termination charges will be applied if these were stated with the quotation.

 7.15. Termination of the Agreement shall be without prejudice to the rights and remedies of the parties.

x8. COMPLAINTS AND DISPUTES

 8.1. If a dispute arises out of this Agreement, the client and PBSC shall attempt to reach a settlement in good faith.

 8.2. Without prejudice to statutory rights or any other remedy available under the agreement, persons owed a duty of care shall have access to a RICS approved Complaints Handling Procedure.

 8.3. Initial concerns of a client which have not been resolved verbally must be given as a notice to a director of PBSC.  

 8.4. A director or principal of PBSC will try to resolve a complaint within 28 days.  If we are unable to resolve the complaint in this timely manner we will provide a written up-date to you as to the reasons for delay.

 8.5. Matters remaining unresolved by the direct or principal of PBSC may be referred to a RICS approved independent arbitration redress scheme (further details on request or from RICS)

 8.5.1. (for business-to-business) Surveyors Arbitration Scheme;

 8.5.2. (for consumers) Surveyors Ombudsman Service.

 8.6. Referral to adjudication shall be in accordance with the Construction Industry Council Model Adjudication Procedures with amendments in accordance with RICS model guidelines current at the time of entering into this Agreement.

x9. COPYRIGHT

 9.1. Unless otherwise agreed in writing, PBSC shall retain copyright in and ownership of, all specification, or other documents, drawings, maps, photographic and other records, models and presentation materials prepared by the surveyor and/or PBSC.

 9.2. The client consents to PBSC publishing or joining in publishing any description or illustration of the works unless any reasonable restriction has been stated by the client in a notice.

 x10. ASSIGNMENT

 10.1. Subject to reasonable additional fees or charges the client may assign or transfer all (but not part) of this Agreement upon giving notice to PBSC to that effect.

 10.2. PBSC may assign or transfer all or part of this Agreement but only with the prior written consent of the client which shall not be unreasonably withheld.

 x11. SCHEDULE OF AGREED CONDITION AMENDMENTS

(amendments and/or additions to be signed by both parties)

Chartered Building Surveyors Uniquely for You....

Please note:

these relate to general building surveying services and may change at any time.  Other services, such as Party Wall Surveyor, Expert Witness or Purchaser’s Surveys will be subject to different terms.  The terms here are an example only, terms provided for specific projects will always take precedent.