Full Terms

The below represents our up to date Terms and Conditions as of 1st March 2020.

1. General Terms

   1. Fordham Consulting Ltd (referred to herein as FCL) act as Structural and Building Engineering Consultants.
   2. ‘The Client’ means the entity instructing FCL and noted as ‘Invoice to’ on the estimates and shall be responsible for all invoices raised on ‘The Project”.
   3. Fee Agreement or Fee Proposal means the ‘The Estimate’ document produced online and emailed to the client setting out the scope of services and works to be undertaken by FCL.
   4. The Estimate will include estimated charges and any additional agreed terms outside of the below terms and conditions.
   5. The Client shall provide FCL with a contact email address which is to be used for the duration of The Project. All documentation, estimates and invoices shall be issued to this email address and as such The Client shall maintain and monitor the provided email address on a regular basis to ensure continual and adequate correspondence is enabled. FCL accepts no responsibility or liability for events arising due to The Client not adequately checking or maintaining the email address.
   6. Following acceptance of The Estimate works shall commence as soon as practical, as such, abortive works may incur fees based on the hours carried out up to the date the instruction to hold or terminate the works is received. Should you wish to cancel this instruction please email immediately.
   7. The Estimate is based on the drawings provided to FCL by The Client or lead consultant and subsequent significant alterations may involve changes to the above fee.
   8. Unless specifically mentioned otherwise within The Estimate, FCL shall provide calculations and drawings to current Building Regulation standard, in accordance with FCL’s Level of Service policy.

2. Fees and Payments

   1. Where possible all projects shall be priced on a fixed fee basis and are compiled into The Estimate for client approval; based on the hours that we expect to expend on a project in order to complete the scope of works in accordance with 1.3.
   2. The Estimate shall be approved by The Client direct and can be done via the customer portal or in writing by post or email. Where an intermediary contact (such as Architect) is used to obtain fee estimates and provide an instruction on behalf of a client, the estimate shall be re-issued direct to the client via email and deemed to be approved unless further contact is made.
   3. Unless noted all minor disbursements including local travelling will be included within The Estimate. All documents shall be issued by email only, in PDF format. If paper copies of documents are requested, all printing and postage shall be charged in addition to any agreed fees.
   4. All site visits by FCL are chargeable in accordance with The Estimate. Where site visits are listed on The Estimate, the fee is for a single visit and does not include any additional consultation that may arise.
   5. Any changes to the scheme or designs following commencement of The Project by The Client may incur additional charges for which a subsequent Estimate shall be produced. No further works relating to the changes will be undertaken until approval of the additional Estimate is received in accordance with 2.2. Should this result in a delay to the project FCL cannot be held responsible.
   6. Any changes to the scheme or designs made by any of The Client’s third party organisations (such as Architect, Interior Designer, Builder, Contractor or any other contact) shall be dealt with in accordance with 2.4. However, any instruction by a third party shall be confirmed via The Client.
   7. The Client shall pay FCL fees for services in accordance with these Terms and Conditions within 14 days of the invoice being issued. Unless alternate payment terms have been previously agreed in writing.

3. Non Payment of Fees

   1. Invoice queries should be made in writing by email (direct to the project Engineer and copied to office@fordhamconsulting.co.uk) or post within 10 days of an invoice being issued. If invoices are queried by phone it is recommended that this is also done in writing.
   2. If The Client does not pay to FCL the notified fees in accordance with all or any of the invoices raised, or raise an invoice query under clause 3.1. within the time frame set out, then FCL may give notice of suspension, in accordance with clause 4.1., of any or all the obligations under this agreement until any outstanding balance has been cleared. Should this result in a delay to the project FCL cannot be held responsible.
   3. FCL do not extend credit beyond the invoice payment period. Invoices not paid within the time period set out in clause 2.6 will be subject to Statutory Interest payments of 5% per annum together with a charge of 5% of the invoice total to cover the costs of additional administration in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
   4. If non-payment continues beyond 30 days the agreed terms, FCL may instruct a third party to pursue debt collections. Once a third party has been instructed, all additional fees incurred shall be the responsibility of The Client and added to the outstanding debt.

4. Suspension and/or Termination of Contracts

   1. Termination or suspension by either party must be given in writing by email or post. Any and all notices or termination or suspension given by phone or via phone message service must also be given in writing by email or post within a reasonable time frame.
   2. In the event of termination or suspension by either party in accordance with 4.1, the Client shall pay FCL any and all of the fees due but unpaid.
   3. In the event of a breach of this agreement by The Client, FCL shall suspend all work and give notice of the suspension. Termination of the agreement shall automatically take effect if The Client does not, to the reasonable satisfaction of FCL, make reasonable steps to repair the breach during the notice period provided by FCL.
   4. In the event of a breach of this agreement by FCL, The Client must give immediate notice to suspend the appointment of FCL. The notice shall detail elements of the breach by FCL that shall be relied upon as evidence. The Client shall take reasonable steps to ensure that the notice was received and acted upon by FCL. A notice period of at least 14 days must be given by The Client before termination of the agreement shall automatically take effect if FCL does not, to the reasonable satisfaction of The Client, make reasonable steps to repair the breach.
   5. The appointment of FCL may be terminated forthwith in the event of the insolvency of either party. Notice of insolvency shall be given as soon as practical by the insolvent party.
   6. In the event of termination of the agreement or insolvency of either party, The Client shall pay FCL fees due in relation to the service completed at the date of termination and any outstanding expenses, regardless of whether any documentation was issued by FCL.
   7. The client may at any time by notice of partial termination to request FCL cease part of the services. On receipt of the notice of partial termination FCL shall cease such services as soon as practically and reasonably possible and shall adjust The Estimate in accordance with the notice details, taking into account any aborted works. The adjusted Estimate shall be re-issued to The Client for further approval.
   8. The client may at any time by notice of suspension to request FCL suspend all or any part of the services. On receipt of the notice of suspension FCL shall cease such notified services as soon as practically and reasonably possible.
   9. If any suspension of services not lifted exceed six months from date of notice, FCL may give notice for the termination of the identified works. FCL shall give at least 14 days’ notice and include within the notice the fees payable by The Client in relation to any aborted works arising from the suspended services.
   10. Should any event or series of events occur beyond the control of FCL that prevent or significantly impede the performance or ability of FCL to carry out the services under this agreement, FCL may (without prejudice to any other remedy) suspend indefinitely the services under this agreement in respect of all or such parts of the works as are affected.
   11. Should any event or series of events occur beyond the control of FCL that make it irresponsible or unethical for FCL to continue all or any part of the services then FCL reserves the right to terminate this agreement with immediate effect.
   12. In the event of Suspension and/or Termination of the agreement, partially completed designs, calculations, drawings or any other documents relating to The Project shall not be issued; and FCL shall take no responsibility for Structural and Building Engineering for The Project.

5. Disputes

   1. FCL shall attempt in good faith to settle any dispute by mediation.

6. Limitations and Liability

   1. Notwithstanding anything to the contrary contained in this agreement and without prejudice to any provision in this agreement whereby liability is excluded or limited to a lesser amount, the total liability of FCL under or in connection with this agreement whether in contract in tort in negligence for breach of statutory duty or otherwise shall not exceed the sum of 10 times the agreed fee.
   2. Further and notwithstanding anything to the contrary contained in this agreement and without prejudice to any provision in this agreement whereby liability is excluded or limited to a lesser amount the liability of FCL, if any, for any loss or damage in respect of any claim or claims shall not exceed such sum as it would be just and equitable for the consultant to pay having regard to the extent of FCL responsibility for the loss or damage and on the assumptions that:
   3. All other consultants and advisers, contractors and sub-contractors involved in the project shall have provided contractual undertakings to the client on terms no less onerous than those provided by FCL.
   4. There are no exclusions of, or limitations, of liability nor joint insurance or coinsurance provisions between the client and any other party referred to in clause 6.2 and that any such other party which is responsible to any extent for the loss or damage is contractually liable to the client for the loss or damage.
   5. All the parties referred to in clause 6.2 have paid to the client such proportion of the loss or damage which it would be just and equitable for them to pay having regard to the extent of their responsibility for the loss or damage

7. Insurance

   1. FCL shall maintain professional indemnity insurances in the amount and for the length of time sufficient to cover the consultants liabilities under this agreement, to a maximum of 6 years from the date of appointment, provided always in either case that such insurances are available at commercially reasonable rates and subject to all exceptions exclusions and limitations to the scope of cover that are commonly included in such insurance at the time the insurances are taken out or renewed as the case may be.
   2. FCL shall produce on request from The Client, broker’s certificates to show that the insurance cover is being maintained.

8. Collateral Warranties

   1. The provision of Collateral Warranty documents, letters of comfort or other certification of works will be subject to additional hourly rate charges as appropriate together with any fees arising from legal or insurance checking. Such fees are not included within The estimate unless specifically itemised.
   2. Notification of the requirement of such certificates shall be provided by The Client to FCL prior to finalising this fee agreement. Without notification FCL reserves the right to refuse to provide Collateral Warranty documents, letters of comfort or other certification of works.
   3. Collateral Warranties shall be limited to One Assignment only.

9. Intellectual property and confidentiality

   1. FCL intellectual property rights shall vest in or remain vested in FCL.
   2. The Client shall have a licence to use the FCL intellectual property rights for any purpose related to this project only. Such licence shall enable the client to use FCL intellectual property rights for the extension of The Project but such use shall not include a licence to reproduce the designs contained therein for any other purpose.
   3. In the event of the client being in default, in excess of 30 days from invoice date, of payment of any fees or other amounts due under this agreement FCL shall revoke the licence granted herein with immediate effect and without notice.
   4. The Client may make copies of any of FCL drawings, documents or project related information such as is necessary and reasonable to undertake works relating to The Project.
   5. The Client may not use any of FCL intellectual property rights for any purpose other than that for tasks necessary to undertake The Project.
   6. FCL retains permission to publish any documents, photographs or other illustrations relating to the project unless specifically noted by The Client.
   7. Neither party shall disclose to any other person or company any private or confidential information unless so authorised by the other party save in the proper course of that party’s duties or to either party’s professional advisers or insurers or as required by permitted law.

10. CDM(Construction Design and Management) Regulations 2015

    1. It should also be noted that The Clients project may be subject to the CDM (Construction Design and Management) Regulations 2015 and therefore the Client shall make reasonable steps to ensure that their responsibilities and duties are fulfilled. FCL may provide advice to The Client to enable them to better fulfill this, however, FCL are not considered The Principle Designer unless specifically noted within The Estimate.
    2. FCL shall undertake all works whilst fulfilling their responsibilities and duties under the CDM (Construction Design and Management) Regulations 2015.
    3. FCL shall undertake all works and provide designs and solutions to schemes in accordance with industry recognised best practice, whilst considering build ability and practicality.

11. General Data Protection Regulation (GDPR)

    1. FCL has a GDPR policy.
    2. Clients are to refer to GDPR statement for full details and requirements prior to approving estimates.

12. Governing Law

    1. The contract shall be governed by and construed in accordance with English Law.

Site Visits

If requested site visits can be undertaken to achieve a variety of needs. Visits generally fall into the following categories:

• Pre-works surveys to establish the structural form and configuration.
• Pre-works surveys to carry out structural assessment and behaviour.
• Pre-works surveys for feasibility studies.
• Surveys during the works following the discovery of unexpected problems.
• Pre-arranged surveys during the works to inspect works being carried out.

In all of the above it is important to note that the survey shall be limited to the specific area of concern.

FCL shall not carry out opening up works or trial holes. If we feel that opening up works are required we shall agree this at appointment stage with the client. It is important to note that any areas uncovered could hide unforeseen structural elements.

Invoicing

Following completion of the design, an invoice for the full amount shall be issued  via email along with the preliminary drawings, as per the drawings terms.

Payment terms are 14 days from invoice date and payment can be made either using online banking, PayPal or by credit / debit card.

Drawings

Once your instruction has been received by direct email from yourself or via the client portal, the drawing work will commence in conjunction with the calculations.

The structural drawings, together with the architectural drawings, will form the documents used for your builder to carry out the works on site. They will also be required to complete your building control submission and should be retained following the works for future reference.

The drawings will use the architectural drawings as a base on which to determine the scheme and will call on any findings of a site visit, if carried out. It should be noted that accuracy of our drawings is dependent on the accuracy of the drawings we are provided with.

The structural drawings will include primary connection details but will not include fabrication details, material quantities or actual material lengths. All dimensions for ordering and fabrication of materials is the responsibility of your builder.

Once complete, preliminary drawings shall be issued along with our invoice for the works. This issue set will not include the calculations. These will allow you, your architect and your builder to review the scheme to ensure that this is in accordance with your expectations.

Please note that payment of our invoice is not subject to your project going ahead nor is it subject to the scheme being approved by your architect or builder. As such if you wish not to build your project please inform as soon as possible to prevent fees being due on abortive works. Should the design be partially complete then a partial fee will be due.

All drawings shall be issued in PDF form via email only.

Calculations

Once your instruction has been received by direct email from yourself or via the client portal, the calculations and design will commence.

The calculations carried out are used to determine the form, size and configuration of the principle structural elements. Whilst there are often several ways to create a solution we will use our experience to adopt what we feel is the best solution in respect to cost, build ability, aesthetics and common building practices used.

Any personal preferences you or your builder may have should be highlighted at the estimate stage to prevent any abortive calculations being produced.

The architectural drawings will be used to produce the calculations and if a site visit has been undertaken, any findings can be incorporated.

The calculation pack will form an essential part of your building control submission and be should be retained for future reference.

The calculation pack shall be compiled and issued only on receipt of full payment of the invoices.

It is important to note that all construction projects are subject to unexpected changes. Once on site it is very possible that items are uncovered that were not known or your builder may require a small change due to build ability. Small amendments, or tweaking, of the scheme can be included at no extra cost. Consistent changes may result in an additional fee, although, you shall be informed if any additional fees are due prior to the works being carried out in all cases.

However, should significant alterations be required or scheme is altered following client changes, then additional fees will be likely. Any additional fees will be confirmed using the estimate process as used initially and no additional works will be carried out without your approval by email or via the client portal.

All calculations shall be issued in PDF format via email only.

Estimates

The estimate has been produced using any drawings, sketches, documents and/or photos provided in advance.

Acceptance of the estimate should be made either by direct email from yourself or via the client portal.

Unless an initial site visit has been carried out prior to the estimate being produced, then the estimate is based entirely on documents provided to us.

If a site visit is included in the estimate, please read the site visit terms. Please note that the findings of the site visit may result in changes to the estimate. If this is the case you shall be notified immediately using an adjusted estimate. No further works will be carried out unless the amended estimate is accepted.

At this stage please ensure that all your details are correct for invoicing and make any changes via the client portal if needed.

Please note that all works are subject to a likely turnaround time of between three and four weeks after a formal instruction to proceed is received. However, due to the nature of the works carried out, the office work load incurs regular changes at very short notice. As such no accurate time frame for release of drawings or calculations can be given.

All estimates are valid for 30 days.