Terms and Conditions – JMK Construction Group
1. Scope of Services
JMK Construction Group shall provide construction consultancy services, including but not limited to project management, building control support, surveying services, condition surveys, contractual RBI plan checking, fire strategy plans, guidance on project compliance, feasibility studies, regulatory advice, and recommendations on project planning. The specific services required will be detailed and agreed upon in writing prior to formal instruction.
2. Responsibilities of JMK Construction Group
JMK Construction Group shall provide advice based on its professional expertise in construction and regulatory standards. While JMK Construction Group will aim to provide recommendations that are compliant and in the best interest of the project, all decisions and actions remain the Client’s responsibility.
3. Advisory Nature of Services
The advice, guidance, and recommendations provided by JMK Construction Group are based on industry knowledge and best practices. However, any decision to act upon or implement this advice lies solely with the Client. JMK Construction Group shall not be held liable for any outcomes resulting from the Client's actions, decisions, or reliance on the advice provided. The Client agrees to assume full responsibility for any risks or results that may arise from implementing any advice or recommendation.
4. Fees and Payment
Payment is required in full prior to any formal engagement or commencement of services. Quotes provided by JMK Construction Group are valid for 90 days. No fees for late payment will apply, as no services will be undertaken until payment has been made. For fees exceeding £10,000, stage payments may be permitted. In such cases, 50% of the fee is payable upon appointment, and the remaining 50% is due prior to the commencement of work.
5. Subcontractor Payments and Responsibilities
JMK Construction Group may directly pay subcontractors for the work they undertake as part of the services provided to the Client. However, it is the Client's responsibility to ensure that all payments due to JMK Construction Group are made on time and in full, as outlined in the payment terms. Any delays in payment from the Client that result in late payment fees or additional charges from subcontractors will be passed on to the Client in full. JMK Construction Group accepts no liability for any disruption caused by delayed payments from the Client impacting subcontractor services. While JMK Construction Group will engage and pay subcontractors for their work, the Company is not responsible for any delays, defects, or issues arising from the performance of subcontractors. Any such matters will be communicated to the Client, and resolutions may involve additional costs, which will be the Client's responsibility unless explicitly agreed otherwise in writing. If the Client fails to make payments on time, JMK Construction Group reserves the right to suspend or delay services, including payments to subcontractors, until the outstanding balance is settled. The Client remains responsible for any resulting delays or additional charges incurred. The Client acknowledges that JMK Construction Group selects subcontractors based on professional judgment and expertise. Should the Client request alternative subcontractors, this may result in revised costs or timelines, which will be communicated in advance. JMK Construction Group will not be held liable for any claims, damages, or losses directly or indirectly caused by the subcontractors’ performance or failure to perform, except in cases of gross negligence by JMK Construction Group in managing the subcontractors. The Client agrees to indemnify JMK Construction Group against any claims, legal actions, or disputes initiated by subcontractors due to non-payment or late payment caused by the Client’s failure to adhere to the agreed payment terms. If the Client requests changes to the scope of work after subcontractor arrangements are in place, the Client will bear any additional costs, including cancellation fees, mobilisation costs, or price adjustments from subcontractors.
6. Agreement to Fees
By accepting the fee quote, the Client confirms their acceptance of the specified fee. The Client agrees to pay the specified fee in full prior to the commencement of services.
7. Confidentiality
Both JMK Construction Group and the Client agree to keep any proprietary information shared during this engagement confidential unless required by law or with the other party's consent.
8. Limitation of Liability
To the fullest extent permitted by law, JMK Construction Group shall not be liable for any indirect, incidental, or consequential damages arising out of or related to the services provided, even if advised of the possibility of such damages. In no event shall JMK Construction Group’s liability exceed the fees paid by the Client.
9. Termination
Either party may terminate this agreement by providing 30 days’ written notice. Upon termination, the Client will be responsible for all fees and expenses incurred up to the termination date.
10. Governing Law
This agreement shall be governed by the laws of England and Wales.
11. Entire Agreement
11.1. These terms and conditions constitute the entire agreement between JMK Construction Group ("the Company") and the Client, superseding all prior agreements and understandings, whether written or oral.
11.2. By accepting the quotation, the Client acknowledges and agrees to abide by these terms and conditions, which form the basis of the contractual relationship between the Company and the Client.
12. Intellectual Property
All intellectual property rights in any documents, drawings, reports, or materials produced by JMK Construction Group in connection with the services shall remain the property of JMK Construction Group unless explicitly transferred in writing.
13. Insurance
JMK Construction Group holds professional indemnity insurance appropriate to the scope of services offered. A copy of the insurance certificate is available upon request.
14. Dispute Resolution
In the event of any dispute arising under or in connection with this agreement, both parties shall seek to resolve the matter amicably through negotiation. If unresolved, the dispute may be referred to mediation before resorting to legal proceedings.
15. Regulatory Compliance and Client Responsibilities
15.1. JMK Construction Group shall exercise reasonable care and skill in the provision of its services. However, the Client acknowledges that ultimate responsibility for compliance with the Building Regulations, statutory requirements, and applicable safety standards rests with them.
15.2. The Company does not accept liability for any non-compliance, fines, enforcement action, or other consequences arising from the Client’s failure to fulfil their obligations under relevant laws or regulations.
16. Engagement of Contractors and Invoicing
16.1. JMK Construction Group may engage sub-consultants or subcontractors to deliver certain services or aspects of the project. These professionals operate under the coordination and oversight of JMK Construction Group.
16.2. All contractors or consultants engaged will be paid directly by JMK Construction Group. The Client must not make any direct payments to subcontractors, suppliers, or external consultants retained by the Company.
16.3. Invoices issued by the Company may include a consolidated charge reflecting administrative coordination and quality assurance across all appointed professionals.
17. Force Majeure
JMK Construction Group shall not be liable for any failure or delay in performing its obligations under this agreement if such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, strikes, lockouts, pandemics, government actions, or any other unforeseeable event (a "Force Majeure Event"). In such circumstances, performance of the affected obligations shall be suspended for the duration of the Force Majeure Event, and the affected party shall notify the other as soon as reasonably practicable.
18. Data Protection
Both parties shall comply with their respective obligations under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 in relation to any personal data processed in connection with this agreement. JMK Construction Group will process any personal data provided by the Client solely for the purposes of delivering the agreed services and will not disclose such data to any third parties except as required by law or as necessary to fulfil the contract.
19. Variation of Terms
JMK Construction Group reserves the right to update or amend these terms and conditions from time to time. Any such changes will be communicated to the Client in writing at least 14 days before they take effect. Continued use of services after the effective date shall constitute acceptance of the updated terms.
20. Third Party Rights
A person who is not a party to this agreement shall have no right to enforce any of its terms, except where expressly provided by law.
21. Indemnity
The Client agrees to indemnify and hold harmless JMK Construction Group, its employees, agents, and subcontractors against all claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in connection with the Client’s use or misuse of the services or any failure by the Client to comply with these terms or any applicable laws or regulations.
22. Limitation on Use of Deliverables
All reports, drawings, documents, and advice provided by JMK Construction Group are for the sole use of the Client for the purpose specified. The Client shall not disclose, publish, or distribute these deliverables to any third party without JMK Construction Group’s prior written consent. JMK Construction Group accepts no liability for any third-party use of the deliverables.
23. Interest on Late Payment
If any payment due to JMK Construction Group is not made by the due date, JMK Construction Group reserves the right to charge interest on the overdue amount at the statutory rate as permitted by the Late Payment of Commercial Debts (Interest) Act 1998, accruing daily from the due date until payment is made in full.
24. Severability
If any provision of these terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
25. Waiver
No failure or delay by either party in exercising any right or remedy under these terms shall constitute a waiver of that right or remedy.
26. Client Cooperation
The Client shall provide JMK Construction Group with all necessary information, access, instructions, and cooperation to enable the proper performance of the services. Failure to do so may result in delays or additional charges.