Appointment Form - Gateway Building Control

Version 2 Jul.2015 RTD In Use – 4 pages
Appointment Form
1. Location of site address:
(Please attach a site
location plan 1:1250)
2. Person intending to carry
out and responsible for
Building Work (applicant)
and address, if different
from above:
Telephone Number:
Email:
3. Person responsible for
paying the Building
Regulations Fees (if
different from above):
Telephone Number:
Email:
4. a) Agreed Fee on
appointment:
4. b) Agreed Fee on
Commencement of work:
5. Description of work (This
will appear on the Final
Certificate:
The buildings existing use
(Delete as appropriate):
The buildings proposed use
(Delete as appropriate):
Name of the Local Authority
for the location that the
work is being undertaken:
Do the works involve a
connection to the Mains
Sewer:
Are you aware of a public
sewer, below, or within 3m
of the proposal?
£ …………..….. + VAT at 20% = £ …………..…..
£ …………..….. + VAT at 20% = £ …………..…..
Commercial
Domestic
Commercial
Domestic
Yes
No
Yes
No
Your appointed agent or builders details
Name:
Address:
Telephone Number:
Email:
To Corporate Approved Inspectors – Gateway Building Control the signature(s) above duly authorises you to sign the
INITIAL NOTICE to be sent to the local authority on our behalf. This signature also confirms acceptance of the following
terms and conditions of appointment relating to the proposed work as described above by the parties noted above in
boxes [5] & [2]. THE SIGNATURE BELOW IS BY THE PERSON RESPONSIBLE FOR THE BUILDING WORK DESCRIBED ABOVE
or THEIR APPOINTED AGENT/ BUILDER.
Name:
Signed:
Date:
(If you are a contractor or agent appointed to act on behalf of the property owner ( i.e. The person responsible for building work)
or otherwise appointed to procure building regulation consents on behalf of the person responsible for the building work, then
signing this contract binds them to our terms & conditions of contract. It is your responsibility to advise the property owner of this
contract and to render a copy to them. Terms and conditions follow on pages 3 to 4 as attached)
Please complete and return to: Gateway Building Control Ltd
Woodlands Business Park
Rougham Industrial Estate
Bury St Edmunds
IP30 9ND
Contact details: Robert Mike -
Telephone: 07525 855731
Email: [email protected]
Telephone: 07525 855566
Email: [email protected]
In these Conditions the following words and expressions shall have the
following meanings:
“Client” the company, firm or individual instructing Gateway Building Control
to act as Approved Inspector providing Building Regulation approval services
for the project, duly appointed as the case may be to act on behalf of the
registered property owners being subjected to building work;
"Clients Agent" means the person, firm, company identified on this form of
appointment who in good faith represents the person intending to carry out
building work, by virtue of a contract which they state [verbally or in writing]
exists between them, and the person intending to carry out the building work.
This person who in good faith signs this document is deemed to have the
authority of the person intending to carry out the building work, and who is
ultimately responsible for building work carried out at the premises indicated
on this form.
“Conditions” the standard Conditions and conditions of provision of Services
set out in this document and conditions agreed in writing between Gateway
Building Control and the Client.
“Project" the work described on this Appointment Form & subsequent Initial
Notice.
1. Introduction
1.1. The Approved Inspector shall provide the services with reasonable skill,
care and diligence and in accordance with the Construction Industry Council’s
Code of Conduct for Approved Inspectors.
1.2. A binding contract shall not be formed until Gateway Building Control
receives from the Client or from their appointed Agents / Contractors,
deemed as representing the person undertaking the building work, the
completed and signed Application Form allowing Gateway Building Control to
commence basic service provision. If in our opinion, any details contained in
the Application Form are incorrect we shall notify the Client in writing within
10 working days from receipt (and before Gateway Building Control starts to
perform the Basic Services) and either request that the Application Form is
resubmitted to Gateway Building Control by the Client or from their appointed
Agents / Contractors. Gateway Building Control and the Client may agree
either verbally or in writing (which for this purpose shall include email) how
the issue is to be resolved.
1.3. All documentation exchanged between a signatory of this document is
deemed as having been delivered by the signatory, to all parties who may be
affected by this contract particularly the person intending to undertake
building work.
2. Clients obligations
2.1. The Client shall supply such information to the Approved Inspector at such
times as is reasonably required for the delivery of the services.
2.2. The Client shall notify the Approved Inspector in writing of any agent
appointed to act on behalf of the Client and of any change or dismissal of the
agent providing client technical support i.e. Client Architect.
2.3. The Client shall notify the Approved Inspector in writing of any instruction
to vary the services.
2.4. The Client shall make available during normal working hours proper
access to the site for the Approved Inspector or his appointed Agent or
servant in order to carry out inspections of work.
2.5 To obtain consent and to comply with all other legislative requirements as
would be applicable to the proposed developments (i.e. Town & Country
Planning Consents, Freeholders consents, Building Regulations etc.)
2.6 To notify Gateway Building Control of commencement of work and certain
stages of work as may be mutually agreed.
2.7 To undertake all building work in accordance with plans which show
compliance with the building regulations, British Standards, Codes of Practice
and approved specifications prepared on the clients behalf, as they may apply
at the time of application of our services, and which show compliance with
current building regulations.
2.8 The client shall be responsible for the projects compliance with the
building regulations and our services does not include advising the client or
managing the project to ensure that compliance is achieved.
3. Assignment and subcontracting
3.1. Neither the Client or the Approved Inspector shall assign the whole or any
part of this Agreement without the consent of the other in writing. Such
consent shall not be unreasonably withheld.
3.2. The Approved Inspector shall not subcontract any part of the services
without giving written notification to the Client.
3.3. A person or company who is not a party to this Agreement has no rights
under the Contract (Rights of Third Parties) Act 1999 to enforce any term of
this contract but this does not affect any right or remedy of a third party which
exists or is available apart from that act.
4. Payment of statutory fees for Building Regulation Approval
4.1. The Client shall pay the Approved Inspector for the performance of the
services the fees and charges in such instalments as set out in any pre-agreed
Fee Proposal or as shown on this document. Our Building Regulation fees
otherwise by default become immediately payable upon local authority
“Acceptance” of our Initial Notice and must therefore be settled prior or at
commencement of building work. All fees and charges under the Agreement
are exclusive of Value Added Tax (If applicable) which if due shall be paid at
the prevailing rate concurrently in addition.
4.2. Where the Client intends to withhold payment of any amount either
stated in the Approved Inspector’s invoice, the Client must give written notice
to the Approved Inspector not later than 5 days before the final date for
payment, stating the amount to be withheld and the grounds for withholding
payment.
4.3. In the event that the Client is in default over payments of any amount due
either at commencement of work, and following the issue of our invoice
demands, and no notice of intention to withhold payment from such amount
has been given under Clause 4.2 above, the Approved Inspector may suspend
performance of any or all of the services, and Final Certificates will not be
issued. This right is subject to the Approved Inspector first giving the Client
not less than 7 days’ written notice of such intention and stating the grounds
for suspension. The right to suspend performance shall cease when the Client
makes payment of any amount due. Any such period of suspension shall be
disregarded for the purpose of contractual time limits previously agreed for
the completion of the services. Such suspension shall not be treated as a
suspension under Clause 8 below. We reserve the right to claim interest (8%
plus the Bank of England base rate) under the Late Payment of Commercial
Debts (Interest) Act 1998 and a fixed fee sum for the cost of recovering a late
payment of £40 for debts up to £999 and £70 for debts up to £9,999 will be
charged. These amounts are set by late payment legislation.
4.4. The Approved Inspector shall notify the Client in writing as soon as it
becomes reasonably apparent that any work additional to the subject of this
Agreement will be required.
4.5. Where the Approved Inspector is involved in additional work because of:
Changes in the scope of the work, and/or
Changes in the program of the work, and/or
Changes instructed to the services, and/or
The commencement of adjudication, arbitration or litigation.
The Client shall pay to the Approved Inspector additional fees calculated
(unless otherwise agreed) on the revised cost of the works, or at an hourly
rate of £80.00.
5. Professional Indemnity Insurance
5.1. The Approved Inspector is required to comply with the guidelines issued
by the Department of Transport, Environment and the Regions in respect of
the maintenance of professional indemnity insurance.
5.2. The Approved Inspector shall on written request of the Client provide
evidence that the insurance is properly maintained.
5.3. The Approved Inspector shall immediately inform the Client if the
insurance referred to in Clause 5.1 above ceases to be available.
6. Copyright
6.1. The copyright in all documents prepared by the Approved Inspector in
providing the services shall remain the property of the Approved Inspector.
Subject to payment by the Client of the fees properly due to the Approved
Inspector under this Agreement the Approved Inspector grants to the Client
an irrevocable non-exclusive royalty free licence to copy and use the
documents for any purpose related to the project.
6.2. The Approved Inspector shall not be liable for any use of the documents
for any purpose other than that for which they were prepared and provided
by the Approved Inspector.
7. Warranties
7.1. The Client shall have in place an approved Designate Warranty Provider
cover prior to serving of an Initial Notice for new build homes or flats formed
by conversion, and shall notify Gateway Building Control immediately if the
warranty is no longer in place.
8. Suspension and Termination
8.1. The Client may suspend performance by the Approved Inspector of all or
any of the services by giving 7 days’ written notice to the Approved Inspector.
The Client must also give notice of cancellation of Initial Notice to the
appropriate local authority and the Approved Inspector in accordance with
Section 52 of the Building Act 1984.
8.2. The Client may terminate the appointment of the Approved Inspector
under this Agreement by giving 7 days’ written notice to the Approved
Inspector.
8.3. Where services have been suspended by the Client and the Agreement
has not been terminated, the Client may, by giving reasonable written notice
to the Approved Inspector, require the Approved Inspector to resume the
performance of the services.
8.4. If the Client materially breaches its obligations under this
Agreement the Approved Inspector may serve on the Client a notice
specifying the breach and requiring it remedy within 28 days, and if
the Client thereafter fails to remedy that breach within that period
the Approved Inspector may terminate this Agreement by giving
written notice to the Client.
8.5. If either party: 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
arrangement with its creditors the other may suspend performance
of the services or may terminate the appointment by giving written
notice to the Client.
8.6. These rights are in addition to those granted to the Approved
Inspector under Clause 4 above.
9. Consequences of suspension and termination
9.1. If performance of the services has been suspended under Clause
4 or Clause 8 above or the Agreement has been terminated pursuant
to the provisions of Clause 8 above:
9.1.1. The Client shall pay the Approved Inspector any instalments of
the fees due to the Approved Inspector up to the date of suspension
or termination together with a fair and reasonable proportion of the
next following instalment commensurate with the services
performed by the Approved Inspector.
9.1.2. Unless the Agreement has been terminated by the Client
because of a material breach by the Approved Inspector the Client
shall pay the Approved Inspector within 28 days of written demand
the consequential costs necessarily incurred as a result of the
suspension or termination.
9.2. Termination of the Agreement shall be without prejudice to the
rights and remedies of the parties.
10. Complaints
10.1. In the event that the Client has a complaint in respect of the
performance of the Approved Inspector’s services under this
Agreement, without prejudice to any other remedy available under
this Agreement, he shall be entitled to have access to the
complaints handling procedure maintained by the Approved
Inspector, written copies of which should be available upon request
from the Approved Inspector.
11. Arbitration
11.1. Any dispute arising under this Agreement, including those for
more than £50,000 and/or those where adjudication would not
apply, may be referred at the instance of either of the parties to be
determined by an instance of either of the parties to be determined
by an Arbitrator. The person who is to act as an arbitrator shall be
agreed between the parties within 28 days of the one giving written
notice of his wish to refer the decision to an arbitrator or, failing
agreement at the end of that period, shall be a person appointed by
the President or Vice-President of the Chartered Institute of
Arbitrators at the instance of either party. The arbitration shall be
conducted in accordance with the Construction Industry Model
Arbitration Rules current at the time of entering this Agreement.
12. Liability
12.1. The liability of the Approved Inspector shall be limited to such
sum as would be just and equitable for the Approved Inspector to pay
having regard to the extent of the responsibility of the Approved
Inspector for the loss or damage suffered on the basis that all other
consultants 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 and 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 their responsibility for such loss or damage. In assessing any
liability arising from this Agreement, due regard shall be made to the
limitations imposed by findings in the Murphy v Brentwood District
Council (1989) 88 LGR 333 CA.
12.2. The liability of the Approved Inspector shall be limited to the
amount of the professional indemnity insurance required by virtue of
Clause 5.1 above.
12.3. No action or proceedings for any breach of this Agreement shall
be commenced by either party after the expiry of the period of
limitation (specified in Clause 9 above).
13. Notice
13.1. Any notice to be given under this Agreement shall be in writing
and delivered by hand or sent by recorded delivery post to the
address shown in this Agreement or to such other address as the
other party may have specified from time to time by written notice
to the other.
13.2. Such notice shall be deemed to have been received on the day
of delivery if delivered by hand and otherwise on the next working
day.
13.3. Where under this Agreement an act is required to be completed
within a specified period of days after or from a specified date, the
period shall begin immediately after that date. Where the period
would include a day which is a Christmas Day, Good Friday or a day
which under the Banking and Financial dealings Act 1971 is a bank
holiday, that day shall be excluded.
14. Schedule of Services
14.1. The Approved Inspector hereby agrees to provide the following
Building Control service:
14.1.1. To issue to the Client and appropriate local authorities an
Initial Notice upon receipt of a completed Agreement and agreed fee.
14.1.2. To allocate a suitably qualified Building Control Surveyor to
the contract.
14.1.3. To carry out all necessary statutory consultations at all keystages.
14.1.4. Issue a Plans Certificate upon request when the plans and
details show compliance with current Building Regulations.
14.1.5. To make periodic visits to the site to advise the Contractor of
opportunities to comply with Building Regulations.
14.1.6. To issue a Final Certificate to the Client and the appropriate
local authority at satisfactory completion of building works, on the
understanding that a Final Certificate is not a representation that
every aspect of the project complies with the building regulations.
14.2. The Client hereby agrees as is required for the Approved
Inspector to carry out his duties in the appointed capacity of building
control service provider and to advise the registered building owner
or occupier of the appointment of Gateway Building Control,
together with their respective obligations under this contract.
14.2.1. Copies of full working drawings in sufficient quantities as is
specified, and at the appropriate time,
14.2.2. Access to the Site during working hours, and
14.2.3. The opportunity to display a site sign board if such facilities
are to be provided on site.
[Standard Form of Appointment Document Conditions 2014,
developed from the ACAI & CIC Contract for the Appointment of an
Approved Inspector (2nd Ed.), with no copyright infringements
intended]