1. Introduction
1.1 These Terms and Conditions ("Terms") apply to all services ("Services") provided by JGL Structural Designs ("the Engineer") to the homeowner or client ("the Client").
1.2 By engaging the Engineer to provide Services, the Client agrees to be bound by these Terms.
2. Scope of Services
2.1 The Engineer shall provide structural engineering services as agreed in the written proposal or contract ("Scope of Work").
2.2 Any changes to the Scope of Work must be agreed upon in writing and may be subject to additional fees.
2.3 The Engineer does not provide construction or contractor services unless explicitly stated.
3. Fees and Payment
3.1 Fees for Services will be outlined in the Engineer’s proposal or contract and may include fixed fees, hourly rates, or a combination thereof.
3.2 The Client shall pay the invoices prior to any work being undertaken unless agreed otherwise.
3.3 Additional costs, including but not limited to travel, printing, and third-party consultations, will be invoiced as agreed in advance.
3.4 Site visits will be charged at £175.00 - £400.00 depending on the location of the site.
3.5 All quotes are valid for 30 days.
4. Client Responsibilities
4.1 The Client shall provide all necessary information, documentation, and access to the property to enable the Engineer to carry out the Services.
4.2 The Client warrants that all information provided is accurate and complete to the best of their knowledge.
4.3 The Client is responsible for obtaining any necessary permissions, permits, or approvals required for the Engineer’s work.
5. Engineer Responsibilities
5.1 The Engineer will exercise reasonable skill, care, and diligence in performing the Services.
5.2 The Engineer shall comply with all relevant laws, regulations, and professional standards.
5.3 The Engineer will notify the Client of any issues, delays, or additional work required as soon as reasonably possible.
6. Limitations of Liability
6.1 The Engineer’s liability for any claims arising from the Services shall be limited to the value of the fees paid by the Client for the Services.
6.2 The Engineer shall not be liable for any indirect, consequential, or economic losses.
6.3 The Engineer does not guarantee the performance or longevity of structures or materials inspected or designed.
7. Intellectual Property
7.1 All reports, drawings, calculations, and other deliverables produced by the Engineer remain the intellectual property of the Engineer until full payment is received.
7.2 The Client is granted a non-exclusive, non-transferable license to use the deliverables solely for the purpose agreed upon.
8. Confidentiality
8.1 The Engineer shall keep all Client information confidential unless required by law or with the Client’s written consent.
8.2 The Client agrees not to disclose any information about the Engineer’s work, methods, or documentation without prior written approval.
9. Termination
9.1 Either party may terminate the agreement by providing 7 days' written notice.
9.2 Upon termination, the Client shall pay for all work completed up to the termination date.
10. Force Majeure
10.1 The Engineer shall not be liable for delays or failure to perform due to circumstances beyond their reasonable control, including but not limited to natural disasters, strikes, or governmental actions.
11. Dispute Resolution
11.1 Any disputes shall first be attempted to be resolved through good-faith negotiation.
11.2 If negotiation fails, disputes may be referred to mediation or arbitration in accordance with the laws of England & Wales.
12. Governing Law
12.1 These Terms shall be governed by and construed in accordance with the laws of England & Wales.
13. Entire Agreement
13.1 These Terms, along with any written proposal or contract, constitute the entire agreement between the Engineer and the Client.
13.2 Any amendments must be agreed upon in writing by both parties.
14. Contact Information
14.1 For any questions or concerns, the Client may contact the Engineer at jon@jglstructuraldesigns.com
15. Principal Designer under Building Regulations
15.1 Building Regulations Duty Holder Information – The Engineer will act as the Principal Designer for the Building Regulations Duty Holder stage up to the plans being approved.
15.2 The Engineer does not guarantee Building Regulations approval but will use reasonable skill and care to achieve compliance.
16. Principal Designer under CDM Regulations
16.1 The Engineer can undertake the role of the CDM Principal Designer through the construction phase at the client’s request in writing. A quotation will be issued accordingly for these works.
16.2 It is advised that the client is to discuss this with the contractor employed on the project or if multiple contractors, the Principal Contractor to help and undertake these duties on the basis that the Engineer will have limited involvement once the design phase has been completed.
16.3 CDM Building Regulations should be discussed with the Principal Contractor before any construction work commences as they will be responsible for the health and safety of the site and ensure full compliance with Building Regulations, CDM 2015, HSE Guidelines and Health and Safety at Work Act 1974.
16.4 Any alterations or amendments to the approved design during the construction phase will be the responsibility of the person making or instructing the alteration. They must ensure any design amendments comply with the Planning and Building Regulations approvals. The responsibilities of the Principal Designer will pass to the person making or instructing the alterations during the construction phase.
By engaging the Services of the Engineer, the Client acknowledges and agrees to these Terms and Conditions.