Terms & Conditions
Please read these terms carefully before engaging Capital Build Construction services.
These terms ensure clarity and fairness for both Capital Build Construction and our clients. If anything is unclear, please contact us before proceeding.
01Introduction
These Terms and Conditions govern the provision of construction and building services by Capital Build Construction ("we", "us", "our", "the Company") to our clients ("you", "your", "the Client"). By engaging our services, requesting a formal quotation, or signing a contract with us, you agree to these terms in full.
These terms apply to all projects, consultations, and services provided by Capital Build Construction, unless expressly modified or overridden by a separate, signed written agreement.
02Quotations & Contracts
- Validity: All quotations provided by the Company are valid for a period of 30 days from the date of issue unless otherwise stated in writing.
- Formal Contract: A written contract outlining the specific scope of works will be issued and must be signed by both parties before any work commences on site.
- Fixed-Price Quotations: Quotations are fixed-price based on the agreed scope of work. Any variations to the agreed scope will be documented, priced separately, and must be signed off by the Client before proceeding.
- Scope Changes (Variations): Changes requested by the Client after work has begun may affect both the timeline and the final budget. We will provide a written Variation Order detailing the costs and time implications.
- Exclusions: Unless specifically itemised in the quotation, items such as structural surveys, planning application fees, building control fees, utility connections, and third-party professional fees are excluded.
03Payment Terms
- Milestone Payments: Payment is due according to the staged milestone schedule outlined in your signed contract (e.g., Deposit, Groundworks, First Fix, Final Handover).
- Invoicing: Invoices are issued upon the completion of each milestone and are strictly payable within 14 days of issue.
- Late Payment: We reserve the right to charge statutory interest on late payments at a rate of 3% above the Bank of England base rate, calculated daily from the due date until payment is received in full.
- Suspension of Work: We reserve the right to suspend all work on site if payment is overdue by more than 14 days. We will provide 48 hours written notice before any suspension occurs.
- Retention: If agreed in the formal contract, a retention percentage (typically 2.5% to 5%) may be held until final snagging is completed to the satisfaction of both parties.
04Project Timeline
- Estimates: All commencement dates and completion timelines provided are estimates based on current information and are given in good faith.
- Delays: Delays caused by adverse weather conditions, unforeseen structural issues, material supply chain shortages, utility company delays, or Client-requested variations will extend the project timeline.
- Communication: We commit to notifying the Client promptly of any anticipated delays and will provide a revised timeline as soon as practicable.
- Force Majeure: Events beyond our reasonable control—including but not limited to pandemics, extreme weather, government restrictions, and national material shortages—may affect project timelines. We accept no liability for financial losses incurred by the Client due to force majeure events.
- Site Access: Timely and safe access to the site is required during agreed working hours. Delays caused by restricted access or third-party interference may impact the schedule and incur additional costs.
05Warranties & Guarantees
- Workmanship: We provide a comprehensive 12-month workmanship warranty on all completed works, starting from the date of practical completion/handover.
- New Builds: New build projects will be covered by independent structural warranties (e.g., NHBC, Premier Guarantee) where specified in the contract.
- Materials: Guarantees for materials, fixtures, and appliances are supplied by the respective manufacturers. We will transfer all relevant documentation and warranties to the Client upon handover.
- Exclusions: Our warranties do not cover damage caused by misuse, neglect, lack of maintenance, natural wear and tear, or unauthorised modifications by third parties.
- Defect Reporting: Any defects reported within the warranty period must be submitted in writing. We will inspect and rectify valid defects at no cost to the Client.
06Liability & Insurance
Capital Build Construction maintains comprehensive commercial insurance coverage, including Public Liability Insurance and Employer's Liability Insurance. Certificates of insurance are available for inspection upon request.
Our total aggregate liability under any contract, whether in contract, tort (including negligence), or otherwise, shall not exceed the total value of the contract.
We shall not be liable to the Client for any indirect, consequential, or incidental losses, including but not limited to loss of profit, loss of use, loss of rental income, or loss of business opportunity.
Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
07Cancellation & Termination
- Cooling-Off Period: Where applicable under the Consumer Contracts Regulations, you may cancel the contract within 14 days of signing without penalty, provided work has not commenced at your explicit request.
- Post-Commencement Cancellation: Cancellation by the Client after work has commenced will incur costs for all materials ordered, bespoke items manufactured, labour expended, and a reasonable administration charge to cover loss of scheduled work.
- Termination by Us: We reserve the right to terminate the contract immediately if the Client materially breaches the payment terms, becomes insolvent, or if the working environment becomes unsafe due to Client actions.
08Dispute Resolution
We aim to resolve any disputes informally, professionally, and amicably in the first instance. If a resolution cannot be reached through direct communication, the following steps apply:
- Mediation: The dispute shall be referred to an independent mediator agreed upon by both parties.
- Adjudication: Where applicable, either party may refer the dispute to adjudication under the Housing Grants, Construction and Regeneration Act 1996.
- Litigation: As a final resort, the dispute shall be settled in accordance with English law.
09Governing Law
These Terms and Conditions, and any dispute or claim arising out of or in connection with them or their subject matter, shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.
10Contact Us
For any questions, clarifications, or concerns regarding these Terms and Conditions, please contact us:
Capital Build Construction
- Main Email: aliou.k@capitalbuildconstruction.com
- General Enquiries: info@capitalbuildconstruction.co.uk
- Phone: +44 7460 895815
- Address: 10 Sedgefield Cl, Romford RM3 9RP, United Kingdom
