Legal
| Term | Meaning |
|---|---|
| We / us / our | Lawrence-Poole Group Limited. |
| You / the Client | the person or business engaging us. |
| Consumer | an individual acting wholly or mainly outside their trade, business or profession. |
| Business Client | a Client who is not a Consumer. |
| Works | the building, refurbishment, fit-out, installation or related services described in our Quotation. |
| Quotation | our written quotation, including its scope, Included and Excluded lists, and any payment schedule. |
| Variation | any change to the Works. |
| Site | the property where the Works are carried out. |
| Practical Completion | the point at which the Works are complete except for minor snagging items that do not prevent normal use. |
| Writing | includes email. |
2.1 These terms apply to every Quotation, contract and invoice between us and the Client and to all Works, to the exclusion of any other terms, unless we agree otherwise in writing signed by a director.
2.2 A binding contract forms when you accept our Quotation — in writing, by email, by signing or confirming our authorisation document, by paying the deposit, or by instructing us to commence — and we confirm or commence the Works. Acceptance of a Quotation constitutes acceptance of these terms.
2.3 If anything in the Quotation conflicts with these terms, the Quotation prevails for that contract.
2.4 Nothing in these terms affects a Consumer's statutory rights, including under the Consumer Rights Act 2015.
3.1 Our Quotation is valid for 30 days unless stated otherwise. We may withdraw or revise it at any time before acceptance.
3.2 The Quotation defines the entire scope of the Works. Only items expressly listed as Included are included. Items listed as Excluded, and anything not expressly mentioned, are outside the scope and, if required, will be treated as a Variation under clause 7.
3.3 The Quotation is prepared in good faith on the information, drawings, measurements and Site conditions known or reasonably visible at the time, and on the stated assumptions (for example as to ground conditions, the condition of concealed structure and services, and the absence of asbestos or contamination). If an assumption proves incorrect, clause 8 (Unforeseen Conditions) applies.
3.4 A document described as an "estimate" is an indication of likely cost only and is not a fixed price. Only a document described as a Quotation is capable of acceptance as a fixed price for the stated scope.
3.5 The Quotation may contain provisional sums or prime cost sums for elements that cannot be priced precisely at the date of the Quotation. These are allowances only; the final price for those elements will be adjusted to the actual cost properly incurred plus our stated margin, and we will notify you before committing to material expenditure against them.
4.1 If you are a Consumer and the contract is concluded away from our business premises or at a distance (for example at your home, by phone or by email), you have the right to cancel within 14 days of the day the contract is formed, without giving a reason, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. We will provide cancellation information and a model cancellation form with our Quotation.
4.2 To cancel, tell us in writing (email is fine) within the 14-day period.
4.3 If you ask us in writing to begin the Works within the cancellation period and then cancel, you must pay for the Works carried out and materials properly ordered or used up to the point of cancellation, in proportion to the total price.
4.4 The right to cancel is lost once the Works have been fully performed, where performance began within the cancellation period at your express request and with your acknowledgement.
5.1 The price is as stated in the Quotation.
5.2 VAT: we are [not currently registered for VAT — no VAT is charged]. If and when we become VAT registered, VAT will be added at the prevailing rate on invoices issued after registration and shown separately. For Business Clients within the Construction Industry Scheme, where the VAT domestic reverse charge applies you must account for VAT accordingly and must notify us in writing if you are an end user or intermediary supplier.
5.3 Materials price changes: if commencement of the Works is delayed beyond [3] months after acceptance for reasons not caused by us, or where a supplier increases the price of specified materials by more than [5]% between the Quotation date and purchase, we may adjust the affected element of the price to reflect the documented increase, providing evidence on request. If such an adjustment increases the total contract price by more than [10]%, you may cancel the affected element (or, where it cannot sensibly be separated, the contract) without penalty for the future works, paying only for Works done and materials committed to that point.
6.1 Unless the Quotation states otherwise: a deposit of [25%] is payable on acceptance; stage payments are payable as set out in the Quotation or agreed payment schedule; and the balance is payable at Practical Completion.
6.2 Invoices are payable within [14] days of the invoice date, by bank transfer to the account shown on the invoice, quoting the invoice number.
6.3 For Business Clients, where the Housing Grants, Construction and Regeneration Act 1996 applies, the payment and notice provisions of the contract shall comply with that Act, and where the contract does not provide otherwise the relevant provisions of the Scheme for Construction Contracts apply. Any notice of intention to pay less than a notified sum must be given no later than the prescribed period before the final date for payment, specifying the amount and the basis of calculation.
6.4 Interest and costs: for Business Clients, overdue sums bear interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998. For Consumers, overdue sums bear interest at [4]% above the Bank of England base rate. We may also recover reasonable costs of collection.
6.5 Withholding and set-off: you may not withhold or set off more than a reasonable, evidenced amount genuinely referable to an alleged defect or incomplete item, and (for Business Clients) only where a valid pay less notice has been given. Withholding the whole of a payment on account of minor or disputed items is not permitted (see clause 18.4).
6.6 Suspension: if any sum is not paid when due, we may, having given 7 days' written notice, suspend performance of some or all of the Works until payment is made. We are entitled to a reasonable extension of time and our reasonable costs arising from suspension and remobilisation, and (for Business Clients) the rights conferred by section 112 of the 1996 Act apply.
6.7 We may set reasonable credit limits and require payment on account for materials with long lead times or bespoke/special-order items (which may be non-refundable once ordered).
7.1 Any change to the scope, specification, materials, sequence or timing of the Works is a Variation — whether requested by you, required by a statutory body, or arising from conditions on Site.
7.2 No Variation will be carried out until its price and any effect on the programme have been agreed in writing by both parties. Email confirmation is sufficient. The only exception is emergency work reasonably necessary to make the Site safe or prevent damage, which we may carry out immediately, notifying you as soon as reasonably possible and charging a fair and reasonable amount.
7.3 If you instruct works directly to our operatives or subcontractors on Site without written agreement through us, those works are unauthorised: we accept no responsibility for them and clause 15 applies.
7.4 Agreed Variations are payable in addition to the contract price, at the agreed amount, on the next invoice unless agreed otherwise.
8.1 Buildings hold surprises. If, once the Works begin, we encounter conditions that were not reasonably foreseeable from a visual, non-intrusive inspection and the information you provided — including but not limited to: defective or non-compliant existing structure; concealed services not shown on drawings; asbestos or other hazardous materials; contamination; ground, drainage or foundation conditions differing from those assumed; rot, damp or infestation — we will stop the affected work, notify you promptly, and provide a written price and programme impact for the necessary additional works before proceeding (except emergency safety works under clause 7.2).
8.2 Asbestos: if suspected asbestos-containing materials are found, work in the affected area will stop immediately. Testing, licensed removal or encapsulation is not included in any Quotation unless expressly stated, and must be carried out by an appropriately licensed specialist at your cost before affected Works resume.
8.3 We are not responsible for pre-existing defects in the Site or existing structure, or for the cost of remedying them, except where we have expressly included that remediation in the Quotation.
9.1 Dates and durations are given in good faith as estimates and are not of the essence unless expressly agreed in writing as fixed.
9.2 We are entitled to a fair extension of time (and, where we incur cost, reasonable additional payment) where delay is caused by: Variations; unforeseen conditions; your acts or omissions (including late decisions, late supply of information or Client-supplied materials, denial of access, or non-payment); other contractors engaged by you; statutory bodies; suppliers' lead times outside our control; adverse weather affecting weather-dependent works; or force majeure (clause 29).
9.3 Where you cause suspension or delay, we may charge reasonable costs actually incurred, including storage of materials, plant standing time and remobilisation.
9.4 Unless expressly agreed in writing, we accept no liability for losses caused by delay (including alternative accommodation, loss of rent or loss of trade), and any liquidated damages must be expressly agreed in the Quotation to apply.
10.1 You will: give us free, safe and continuous access to the Site during working hours for the duration of the Works; provide accurate information about the Site (including known hazards, prior alterations and the location of services where known); make decisions and give approvals promptly; and ensure the Site is ready for the Works to start on the agreed date.
10.2 Unless the Quotation states otherwise, you will provide reasonable access to water and electricity and reasonable welfare arrangements for operatives.
10.3 You are responsible for the accuracy of drawings, measurements and specifications you (or your consultants) supply.
10.4 Insurance — important: you must maintain buildings insurance on the property throughout the Works and should notify your insurer that building works are being undertaken (many policies require this). We insure our own works, plant and liability as clause 21 describes; we do not insure your existing structure or contents.
10.5 You are responsible for informing neighbours as a matter of courtesy, and for arranging any consents that are yours to obtain under clause 11.
10.6 Please remove or protect valuables, fragile items and furniture from working areas. Building work creates dust and vibration; we take reasonable protective measures, but some disruption and dust migration is inherent in the nature of the Works.
11.1 Unless expressly included in the Quotation, you are responsible for obtaining and paying for all permissions and consents required for the Works, including: planning permission; listed building or conservation consents; building regulations application fees; party wall notices, awards and surveyors' fees under the Party Wall etc. Act 1996; landlord's consent or licence to alter (commercial and leasehold premises); freeholder consents; and utility company permissions and connections.
11.2 Where we agree in writing to assist with any application, we do so with reasonable care but do not guarantee the decision of any third party or statutory body, and the fees of that body remain yours.
11.3 We will carry out the Works so as to comply with Building Regulations applicable to the scope we have undertaken, and will liaise with building control where included in the Quotation. Statutory completion certificates are issued by the relevant authority, not by us, and their timing is outside our control.
12.1 Normal working hours are [8:00am–5:00pm, Monday–Friday] unless agreed otherwise. We will discuss and agree any weekend or out-of-hours working in advance.
12.2 We will keep the Site reasonably tidy and safe, remove our waste using licensed waste carriers, and arrange skips and any skip permits (included in the Quotation where stated).
12.3 We may store materials, tools and plant on Site during the Works; you will provide a reasonable secure area where available. Risk in items stored at your request away from the working area rests with you.
13.1 Materials will be of satisfactory quality and reasonably fit for purpose, and (for Consumers) as described, in accordance with the Consumer Rights Act 2015.
13.2 We may substitute specified materials with equivalents of no lesser quality where the specified item is unavailable or subject to excessive lead time, notifying you in advance where the substitution is visible or affects performance.
13.3 Client-supplied materials: where you supply materials, appliances or fittings, you are responsible for their suitability, quality, compliance and timely delivery. We will exercise reasonable care in handling and installing them, but give no warranty over the items themselves, and time lost or works arising from their late delivery, damage or unsuitability will be treated as your delay / a Variation.
13.4 Title and risk: risk in materials passes to you on delivery to Site. Title in materials supplied by us passes on payment in full for the invoice that includes them. Until then, we may (acting reasonably and lawfully) recover unfixed materials for which payment is overdue.
13.5 Manufacturer and supplier warranties on materials, appliances and fittings are passed to you on completion and are subject to the manufacturer's terms and registration requirements.
14.1 Natural stone (including hand-cut marble) is a natural product: variation in veining, colour, shading and markings between samples, slabs and finished pieces is inherent and is not a defect. Approval of a sample indicates the general character only.
14.2 Templating, cutting and fitting of stone are carried out to reasonable industry tolerances. Joints, seams and cut-outs will be positioned with care and, where practical, agreed with you at templating.
14.3 You are responsible for ongoing care of natural stone in accordance with the care guidance provided; etching, staining or damage arising from use, spills or inappropriate cleaning products after handover is not a defect.
14.4 The same principles apply to other natural and bespoke finishes (timber, veneers, hand-applied finishes), which may exhibit natural variation and movement.
15.1 We may perform any part of the Works through competent subcontractors under our supervision and coordination. We remain responsible to you for the Works as a whole. One point of contact — ours — runs throughout.
15.2 Non-circumvention: during the Works and for [12] months after Practical Completion, you agree not to directly engage, or attempt to engage, any operative or subcontractor introduced to you by us to carry out works at the Site or related works, other than through us. If you do, a reasonable introduction fee of [15]% of the value of the works so placed is payable, reflecting our legitimate interest in the workforce and supply chain we have assembled. This does not prevent you engaging any person for genuinely unrelated works after completion.
16.1 We will carry out the Works in accordance with applicable health and safety law. Operatives will follow safe systems of work, and we will cooperate with any principal designer or principal contractor appointed on the project.
16.2 Under the Construction (Design and Management) Regulations 2015, where you are a domestic client, the client duties are taken on by us as contractor (or by the principal contractor where more than one contractor is engaged), unless you have appointed another dutyholder in writing. Where you are a Business Client, you retain the client duties under CDM 2015, including appointments and the provision of pre-construction information.
16.3 You must tell us before Works start of any known hazards at the Site, including any asbestos survey or register for buildings constructed before 2000.
17.1 We will take reasonable care when working on or near the existing structure and services. However, we are not liable for damage to concealed pipes, cables, ducts or services whose presence and location were not shown on drawings, identified by you, or reasonably detectable, nor for the consequences of pre-existing defects, decay or instability in the existing structure.
17.2 Minor superficial damage (such as hairline cracking to plaster adjacent to structural works, or marks from access) can occur despite reasonable care in the nature of building work; we will make good such items attributable to our works within the snagging process.
18.1 We will notify you when we consider the Works have reached Practical Completion and will walk the Site with you to agree a snagging list of minor outstanding items.
18.2 We will complete agreed snagging items within a reasonable period, normally [14–28] days, subject to material lead times.
18.3 At handover we will provide relevant certificates available to us (for example electrical and gas certificates for works we carried out), manufacturer documentation, and care guidance where applicable.
18.4 You may not withhold the whole of the final payment on account of snagging. You may retain only a reasonable amount genuinely referable to the outstanding snagging items, with the balance paid in accordance with clause 6; the retained amount is payable on completion of those items.
18.5 Use or occupation of the Works (or the relevant part) is at your risk from Practical Completion (or earlier occupation), from which point you are responsible for security, insurance and care of the completed areas.
19.1 We warrant that the Works will be carried out with reasonable care and skill and in accordance with the agreed specification.
19.2 In addition to your statutory rights, we will remedy at our own cost any defect in our workmanship notified to us in writing within [12] months of Practical Completion, provided the defect arises from our work.
19.3 The warranty does not cover: fair wear and tear; misuse, neglect or accidental damage; failure to maintain; alterations or repairs by others; Client-supplied materials; natural variation and movement described in clause 14; blockages or damage arising from use; or defects in pre-existing structure and services outside our scope.
19.4 For dwellings, nothing in these terms excludes or restricts our duties under the Defective Premises Act 1972.
19.5 Nothing in this clause limits a Consumer's statutory rights under the Consumer Rights Act 2015, including the right to repeat performance or a price reduction where the service does not conform.
20.1 If you believe there is a defect in our Works, you must notify us in writing promptly and give us a reasonable opportunity to inspect and, where appropriate, remedy it before instructing any third party (except in a genuine emergency to make safe, in which case notify us as soon as possible).
20.2 If you instruct a third party to investigate or remedy an alleged defect without giving us that opportunity, we are not liable for the third party's costs, and any evidence of the alleged defect may be compromised; we reserve our position accordingly.
21.1 We maintain public liability insurance of not less than £[2] million per claim, and employers' liability insurance as required by law. Details and certificates are available on request.
21.2 We insure our own plant, tools and materials. Insurance of the existing structure, its contents and the completed Works after handover is your responsibility (see clause 10.4 and 18.5).
22.1 Nothing in these terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; breach of your statutory rights as a Consumer; liability under the Defective Premises Act 1972; or any other liability that cannot lawfully be excluded or limited.
22.2 Subject to clause 22.1, our total liability arising out of or in connection with a contract shall not exceed the greater of the total price payable under that contract and the amount recoverable in respect of the claim under our insurance described in clause 21.
22.3 Subject to clause 22.1, we are not liable for: loss of profit, business, rent or trade; loss of opportunity; or indirect or consequential loss. For Consumers, we are responsible for foreseeable loss and damage caused by our breach or negligence, but not for loss that was not foreseeable when the contract was made.
22.4 We are not liable for losses arising from your failure to obtain required permissions, from inaccurate information supplied by you or your consultants, or from your own alterations to the Works.
23.1 Copyright and other intellectual property in drawings, designs, specifications and documents prepared by us remain ours. You have a licence to use them for the purposes of the Works at the Site once all sums due have been paid.
23.2 Documents you supply remain yours; you confirm we may use them for the Works and that our doing so will not infringe third-party rights.
24.1 We may photograph the Works in progress and on completion for our records, portfolio, website and marketing. We will not publish your name, precise address or personal details without your consent, and you may opt out at any time by telling us in writing.
25.1 We process personal data in accordance with our Privacy Policy (lawrencepoole.co.uk/privacy) and applicable data protection law.
26.1 If you are unhappy with anything, contact us at info@lawrencepoole.co.uk or 020 3006 2529 and we will seek to resolve the matter promptly and fairly. We take complaints seriously; most issues are resolved quickly by talking to us first.
27.1 The parties will first attempt in good faith to resolve any dispute by discussion between senior representatives.
27.2 For Business Clients, where the Housing Grants, Construction and Regeneration Act 1996 applies, either party may refer a dispute to adjudication at any time in accordance with the Scheme for Construction Contracts.
27.3 For Consumers, if we cannot resolve a dispute between us, alternative dispute resolution may be available; we will provide details of a certified ADR provider on request. You always retain the right to bring proceedings in court.
27.4 Nothing in this clause prevents either party seeking urgent injunctive relief or pursuing undisputed debts.
28.1 Either party may terminate the contract by written notice if the other commits a material breach and fails to remedy it within 14 days of written notice specifying the breach, or if the other becomes insolvent or enters any insolvency process.
28.2 We may terminate or suspend under clause 6.6 for non-payment.
28.3 If you cancel or terminate other than for our material breach (and other than under a Consumer cancellation right in clause 4), you shall pay for all Works carried out, materials ordered or committed (including bespoke and special-order items), and our reasonable demobilisation costs, up to the date of termination.
28.4 Termination does not affect accrued rights, and clauses intended to survive (including payment, warranty, liability, non-circumvention, IP and disputes) continue in force.
29.1 Neither party is liable for failure or delay caused by events beyond its reasonable control, including extreme weather, fire, flood, epidemic, strikes outside that party's workforce, war, civil unrest, or action of any government or authority. The affected party will notify the other and take reasonable steps to mitigate. If force majeure continues for more than [60] days, either party may terminate on written notice, with payment for Works done to that date.
30.1 Entire agreement: the contract (the Quotation, these terms and any documents expressly incorporated) is the entire agreement between us relating to the Works, and each party confirms it has not relied on any statement not set out in it — save that nothing in this clause excludes liability for fraud, and, for Consumers, nothing excludes anything said or written to you by or on behalf of us that is treated as included in the contract under the Consumer Rights Act 2015.
30.2 Assignment and subcontracting: you may not assign or transfer the contract without our written consent. We may subcontract as clause 15 describes.
30.3 Third parties: no one other than the parties has any right to enforce any term of the contract under the Contracts (Rights of Third Parties) Act 1999.
30.4 Severability: if any provision is found invalid or unenforceable, the remainder continues in force, and the provision applies with the minimum modification necessary to make it valid.
30.5 Waiver: a failure or delay in enforcing any right is not a waiver of it.
30.6 Notices: formal notices must be in writing and delivered by hand, post to the addresses on the Quotation (or our registered office), or email to the addresses used between the parties, and are deemed received on delivery (hand), two working days after posting, or at the time of sending (email sent on a working day before 5pm; otherwise the next working day).
30.7 Governing law and jurisdiction: the contract and these terms are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction, save that a Consumer resident elsewhere in the UK may bring or face proceedings in the courts of their home nation.