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CONTRACT FOR MINOR DOMESTIC WORKS AND HOME MAINTENANCE

This contract for the provision of minor residential construction work and home maintenance services (the Agreement) is made on the date of last signature below between:

PARTIES

1. , the party that is providing the Services (the Contractor); and
2.   of , ,, the party that is hiring the Contractor (the Client); together the Parties and each a Party.

AGREEMENT

Definitions

1. In this Agreement, the following terms are defined:

   Building Regulations	the Building Regulations 2010, Building Safety Act 2022, Building Regulations etc. (Amendment) (England) Regulations 2023, and other legislation that amends the Building Regulations 2010 that comes into effect after this Agreement is signed;
   Building Regulations Approval	the approval required by law for projects that fall under the Building Regulations 2010;
   CDM Regulations	the Construction (Design and Management) Regulations 2015;
   Construction Phase	the phase of a Project where any construction work or implementation of designs takes place;
   Construction Phase Plan	the key document detailing the dates, services, build stages, site rules, and health and safety risks connected to any Works taking place throughout the construction phase of the Project;
   Data Protection Laws	any applicable law relating to the processing of Personal Data, including but not limited to the GDPR and the Data Protection Act 2018;
   Health and Safety File	the key file that relates to any health and safety information needed for and relating to the Project;
   Materials	any unfixed materials and goods required and obtained for the provision of the Works;
   Party Wall Matters	any Works or Services that fall under the Party Wall etc. Act 1996;
   Planning Permission	the permission required from the local council when building something new, making a major change to a building, or changing the use of a building;
   Premises	the entirety of the premises (including the land and any structure upon it) located at , ,;
   Rectification Period	the period commencing on the date on which the Works are completed, during which time the Contractor is obliged to correct any defects or faults that occur or are found within this period;
   Works	any aspects of the Services that fall under the definitions of ‘construction work' or ‘building work' within the CDM Regulations and Building Regulations.

1. In this Agreement, unless the context requires a different interpretation:
   1. The singular includes the plural and vice versa;
   2. References to sub-clauses, clauses, schedules, or appendices are to sub-clauses, clauses, schedules, or appendices of this Agreement;
   3. A reference to a person includes firms, companies, government entities, trusts and partnerships;
   4. 'Including' is understood to mean 'including without limitation';
   5. Reference to any statutory provision includes any modification or amendment of it;
   6. The headings and sub-headings do not form part of this Agreement; and
   7. 'Writing' or 'written' will include fax and e-mail unless otherwise stated.

Provision of Services

1. The purpose of this Agreement is to set out the terms of the Contractor's provision of the Services to the Client as they work to  (the ‘Project').
2. The Contractor shall carry out the Works as agreed upon in this Agreement for the Client to contribute to the Project.
3. The Contractor shall carry out the Services for the Client. The ‘Services' are the Works and:
   1. Performance and delivery of the Works as stated within the Agreement in accordance with the CDM Regulations and any application health and safety regulations as part of the Construction Phase of the Project.
   2. Administration in relation to performance of the Works, in accordance with any relevant legislation
   3. Rectification of any issues with the Works that are identified within the Rectification Period. 
4. The Services will be provided by the Contractor and any staff that the Contractor engages to perform the Services.
5. The Contractor will provide the Services at the Premises.
6. Where any changes are made in relation to the Services and Works, this will be agreed upon and recorded in writing by both Parties.
7. Where applicable, the Contractor can provide suggestions in relation to more affordable and/or sustainable amendments to the Services where the suggestions would improve the environmental sustainability of the Services and reduce any negative impact on the environment.

How the Services will be Provided (Overview)

1. All Services and Works under this Agreement shall fall into one of the following phases:
   1. The first phase relates to all planning, design development, material selection and procurement, site set-up, and obtaining any permits or approvals for the Works (‘Pre-Construction Phase').
   2. The second phase relates to all performance of the Works and Services related to the Works (‘Construction Phase'). This may include building of structural frameworks and foundations, utilities installation, finishings, and repairs.
   3. The third and final phase relates to all Services and administration which take place after the Construction Phase has ended. This is inclusive of but not limited to final inspections, rectifications, project documentation, final payments and project handovers to the Client (‘Post-Construction Phase').

Contractor Obligations

1. The Contractor will be responsible for the creation and implementation of the Construction Phase Plan prior to any Construction Phase of the Works beginning, which must account for any hazardous activities as referred to in Schedule 3 of the CDM Regulations.
2. The Contractor shall certify the Date of Completion and ensure it is recorded within the relevant documents related to the Services and Works.
3. The Contractor shall perform the Services with reasonable care and skill, in accordance with:
   1. Generally recognised commercial practices and standards in the applicable industry; and
   2. All laws and regulations applicable to the Services, including all laws and regulations related to (i) anti-bribery and corruption and (ii) data protection.
4. The Contractor shall deliver the Services in an appropriate manner and in compliance with the CDM Regulations, Building Regulations, all health and safety rules and regulations, and any other statutory requirements that apply. 
5. The Contractor shall take all reasonable steps to ensure that any staff or other contractors under their control have any relevant and necessary qualifications needed for the performance of the Works.
6. Under this Agreement, there will be a Rectification Period included as part of the Services. The Rectification Period will be  months starting from the certified date on which all Works are completed (the ‘Date of Completion'). Where any defects or faults occur or appear during this time due to workmanship or Materials not being in accordance with this Agreement, the Contractor shall rectify these defects and faults providing the Client has notified the Contractor no later than 14 days after the Rectification Period ends.
7. Where the Contractor intends to sub-contract the whole or any part of the Works, they will provide the Client with reasonable notice prior to any sub-contracting agreements being entered into. The Contractor will be responsible for the supervision and conduct of any sub-contractors they engage with that are carrying out the Works. Any sub-contracting of the Works will not in any way affect the Contractor's obligations under this Agreement.

Client Obligation's

1. The Client will be responsible for all Party Wall Matters in relation to the Works and will make reasonable endeavours to ensure any neighbours have been notified of any building works that may affect a shared property boundary, including obtaining any party wall consent from neighbours where necessary. 
2. The Client shall:
   1. Ensure the Contractor has reasonable access to the Premises in order to carry out the Works. 

Term

1. The Project will begin on . The Services will be carried out by the Contractor starting from this date. The Services will be carried out on days agreed upon between the Contractor and the Client.
2. The Agreement is effective from the date of signature and will continue until the completion of the Services, or until ended in accordance with a procedure set out in this Agreement or in accordance with the law.

Fees

1. In exchange for the Services, the Client will owe the Contractor
2. The remainder of the are due.
3. If the Contractor causes any damage to the Premises which is not in accordance with this Agreement, the Client may deduct from the Fees the amount required to rectify the damage. So long as the Client can legally demonstrate that the Contractor is the material cause of the damage to the Premises. 
4. Where the Contractor fails to comply with the clauses surrounding rectification, the Client is entitled to deduct a penalty from the Fees up to the cost of rectifying any defects or faults.
5. Without prejudice to any other right or remedy that it may have, if the Client fails to make any payment due to the Contractor under this Agreement by the date payment is due, then the Client shall pay interest on the overdue amount at the rate of 2% per annum above the Bank of England base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Client shall pay the interest together with the overdue amount. This clause will not be applicable in any case where a date of payment has been passed yet the Client is awaiting an updated invoice from the Contractor.
6. Unless explicitly agreed otherwise in this Agreement or elsewhere, the Client is not responsible for any additional charges that the Contractor incurs in carrying out the Services, including but not limited to utility costs, council tax or rent payments, taxes, Materials and equipment costs, licensing costs, and legal fees or payments due to third parties being impacted by delivery of the Services; except where such are incurred due to the Client behaving in breach of this Agreement.
7. The Contractor and the Client shall pay all amounts due under this Agreement in full without any deduction except regarding any deductions required by law. Neither Party shall be entitled to assert any credit, set-off, or counterclaim against the other in order to justify withholding payment of any amount due, in whole or in part
8. All sums payable to the Contractor under this Agreement shall become due immediately on its termination, despite any other provision.

Expenses

Equipment and Materials

1. Materials required for the provision of Works will be discussed and agreed upon in writing between the Client and the Contractor. The will be responsible for resourcing and obtaining the Materials necessary to carry out and perform the Works. Where any changes are made in relation to the Materials or Works, this will be agreed upon and recorded in writing by both Parties.
2. It is the Contractor's responsibility to ensure that they have sufficient and appropriate equipment for the provision of the Works. Any equipment supplied by the Contractor shall remain the property of the Contractor. In the event of loss or damage to the Contractor's equipment used when providing the Works, the Client is not responsible for the provision, maintenance, replacement or repair of such equipment unless the loss or damage was caused by the Client or guests of the Client.
3. Any equipment or Materials provided to the Contractor by the Client will remain the Client's property.
4. In relation to the equipment or Materials provided by the Client, the Contractor must:
   1. Use these for the provision of Works to the Client only.
   2. Take reasonable care of these.
   3. Notify the Client of any faults with the equipment or Materials.
   4. Make these available to the Client for collection at any time if requested to do so. 
5. The Contractor will be responsible for any damage to the equipment or Materials that goes beyond ordinary wear and tear.

Waste

1. The Contractor shall be responsible for disposing of any waste related to the provision of Works.

Return of Property

1. At the end of this Agreement, all equipment, Materials, and property (including documentation, keys, and any alarm or building codes) given to the Contractor by the Client must be returned to the Client in the state that these were given in.

Circumstances Beyond the Control of Either Party

1. Neither Party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party.
2. Such causes include, but are not limited to: power failure, internet service provider failure, acts of God, epidemic, pandemic, civil unrest, fire, flood, droughts, storms, earthquakes, collapse of buildings, explosion or accident, acts of terrorism, acts of war, governmental action, any law or any action taken by a government or public authority (including without limitation imposing an export or import restriction, quota, or prohibition), or any other event that is beyond the control of the Party in question.
3. The Party affected by a circumstance beyond its control shall use all reasonable endeavours to mitigate the effect of the force majeure upon the performance of its obligations.
4. The corresponding obligations of the other Party will be suspended to the same extent as those of the Party affected by a force majeure event.
5. If the delay continues for a period of 90 days, either Party may terminate or cancel the Works to be carried out under this Agreement.

Ending the Agreement

1. This Agreement shall continue until the Parties' obligations under the Agreement are discharged, unless it is terminated earlier in accordance with the following clauses of this section (i.e. the section headed ‘Ending the Agreement').
2. The Client has a statutory right to cancel this Agreement within 14 days without needing to provide a reason for cancellation.

   1. However, if the Works start less than 14 days after the Agreement is formed, by signing and agreeing to this Agreement the Client is making an express request that the Contractor starts the Services within the cancellation period and the Client acknowledges that, in making such a request, they waive their statutory right to cancel as described in this clause if the Services are fully delivered within the cancellation period.

   2. To cancel in accordance with this clause, the Client should fill out the model cancellation form found at the bottom of this Agreement under the heading 'Schedule 1 - Model Cancellation Form'. This model cancellation form should then be emailed to . 

      1. This form must be sent to the Contractor within the 14-day period to comply with the 14-day deadline; subsequent actions need not yet to have taken place.

   3. If the Agreement is cancelled in accordance the Client's statutory right to cancel as set out in this clause, the Contractor will refund all payments received from the Client, except if the Client requested via this Agreement that the Contractor start the Services during the cancellation period, in which case the Client must still pay for the Services provided up until the time they informed the Contractor or their right to cancel (or the full Fees, if the Agreement has been fully performed). Any such refunds will be issued via the same payment method as the payment was made without deductions and within 14 days of the day on which the Contractor was informed of the cancellation. 

   4. If the Services start less than 14 days after the Agreement is formed, by signing and agreeing to this Agreement the Client is making an express request that the Contractor starts the Services within the cancellation period and the Client acknowledges that, in making such a request, they waive their statutory right to cancel as described in this clause if the Services are completed within the cancellation period.

3. The Client may immediately terminate this Agreement by giving the Contractor written notice of their intention to do so if the Contractor breaches any of their obligations under this Agreement and the Contractor has not or cannot put right that breach within a reasonable period (unless agreed otherwise, 14 Working Days).
4. Either Party may terminate this Agreement immediately by giving written notice to the other Party if that other Party:
   1. Does not pay any sum due to it under the Agreement within 14 Working Days of the due date for payment; 
   2. Commits a material breach of the Agreement which, if capable of remedy, it fails to remedy within 7 Working Days after being given written notice specifying full particulars of the breach and requiring it to be remedied;
   3. Persistently breaches any term(s) of the Agreement;
   4. Is dissolved, ceases to conduct substantially all of its business, or becomes unable to pay its debts as they fall due;
   5. Undergoes a change of control (within the meaning of section 1124 of the Corporation Tax Act 2010); or
   6. (If that Party is an individual) dies or, as a result of illness or incapacity, becomes incapable of managing their own affairs.
5. The Client may terminate this Agreement immediately by giving written notice to the Contractor if the Contractor:
   1. Is a company over any of whose assets or property a receiver is appointed;
   2. Makes any voluntary arrangement with its creditors or (if the Contractor is a company) becomes subject to an administration order (within the meaning of the Insolvency Act 1986); 
   3. (If the Contractor is an individual or firm) has a bankruptcy order made against it or (if the Contractor is a company) goes into liquidation; or
   4. Is convicted of any criminal offence.
6. All sums owed to the Contractor under this Agreement shall become due immediately on the Agreement's termination, except where provided otherwise within the Agreement. 
7. Termination or expiry of the Agreement shall not affect any rights, remedies, obligations, or liabilities of the Parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry.
8. Other than as set out in the Agreement, neither Party shall have any further obligation to the other under the Agreement after its termination or expiry.

Insurance

1. The Contractor must maintain appropriate business insurance (eg business equipment insurance or tools insurance) with regard to the Works and other Services. 
2. The Client shall maintain appropriate insurance with regard to the Works and other Services taking place more broadly.

Liability

1. Nothing in this Agreement limits or excludes either Party's liability in any way for:
   1. Death or personal injury caused by its negligence;
   2. Fraud or fraudulent misrepresentation;
   3. Breach of the terms implied by section 2 of the Supply of Goods and Works Act 1982 (title and quiet possession); or
   4. Any other losses that cannot be limited or excluded by applicable law.
2. Except for as set out in the first clause of this section (i.e. the section headed 'Liability') or as a direct consequence of any breaches of the commitments provided by the Parties in the sections headed 'Provision of Services', 'How the Services will be Provided (Overview)' and 'Contractor Obligations', neither Party shall have any direct or indirect liability to the other Party, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this Agreement for:
   1. Loss of profits;
   2. Loss of revenue;
   3. Loss of sales or business;
   4. Loss of agreements or contracts;
   5. Loss of savings or discounts (actual or anticipated);
   6. Loss of or damage to goodwill or to reputation;
   7. Loss of use or corruption of software, data or information;
   8. Any indirect, special or consequential loss.
3. For purposes under the Occupiers' Liability Act 1957, the Client is considered to be the occupier of the Premises. However, the Contractor will be deemed liable under any claims brought under the aforementioned legislation for any damage sustained in any part of the Premises where the Works are being carried out for the duration of the Works, insofar as the Client can demonstrate that:
   1. It was reasonable to engage the Contractor due to the technicality of the Works;
   2. They took reasonable steps to ensure that the Contractor was competent to complete the Works; and
   3. To the extent the Client is able to, the Client has taken reasonable steps to ensure that the Works have been carried out properly.
4. Subject to the third clause of this section (i.e. the section headed 'Liability'), the Contractor shall not have any liability for loss or damage to property belonging to the Client or a third party that is present at the Premises by the Client's election, unless such loss or damage is due to the Contractor's negligence or the negligence of the Contractor's agents, sub-contractors, consultants, workers, or others working on its behalf.
5. Except for as set out in the first clause of this section (i.e. the section headed 'Liability'), the total liability of the Contractor for any loss experienced by the Client in respect of any one event or series of connected events due to the Contractor's breach of the Agreement shall not exceed £.
6. Except for as set out in the first clause of this section (i.e. the section headed 'Liability'), the total liability of the Client for any loss experienced by the Contractor in respect of any one event or series of connected events due to the Client's breach of the Agreement shall not exceed £.
7. The terms implied by sections 3 to 5 of the Supply of Goods and Works Act 1982 are, to the fullest extent permitted by law, excluded from this Agreement.

Communication Between the Parties

1. The best method of contacting the Contractor is via email at . Any issues with or concerns about the Works provided will be made known to the Contractor as soon as reasonably practicable within the Rectification Period via this communication method. 
2. The best method of contacting the Client is via email at  
3. Any notice (other than in legal proceedings) to be delivered under the Agreement must be in writing and delivered by pre-paid first class post to or left by hand delivery at the other Party's registered address or place of business, sent by email to its main business email address, or sent by fax to its main fax number. Notices:
   1. Sent by post will be deemed to have been received, where posted from and to addresses in the United Kingdom, on the second Working Day and, where posted from or to addresses outside the United Kingdom, on the tenth Working Day following the date of posting;
      Delivered by hand will be deemed to have been received at the time the notice is left at the proper address; 
   2. Sent by email will be deemed to have been received on the next Working Day after sending, provided they were sent to the correct email address and no notice of delivery failure is received; and
   3. Sent by fax will be deemed to have been received on the next Working Day after transmission.
4. The Contractor is committed to avoiding disputes and ensuring that the Client is satisfied with the Services. As such, any complaints should be dealt with as follows: .

Privacy

1. The Contractor respects the Client's privacy and complies with UK Data Protection Laws with regard to the Client's personal information and the personal information of any other individuals that it deals with in the course of delivering the Services.  
2. This Agreement should be read alongside and is in addition to the Contractor's Privacy Policy, a copy of
3. Where the Client supplies Personal Data relating to the Client or to any other individual (including but not limited to guests and other contractors) to the Contractor in relation to the provision of the Services, and the Contractor Processes that Personal Data in the course of providing the Services to the Client, the Contractor will comply with the obligations imposed by Data Protection Laws.
4. For any enquiries or complaints regarding data privacy, the Client can email the Contractor at .
5. For the purposes of this Agreement, 'Personal Data' and 'Processing' shall have the same meaning as in the UK General Data Protection Regulation (‘GDPR').

General

1. This Agreement contains the whole agreement between the Parties relating to its subject matter and supersedes all prior discussions, arrangements, or agreements that might have taken place in relation to the Agreement. Nothing in this clause limits or excludes any liability for fraud or fraudulent misrepresentation.
2. Neither Party may assign, novate, transfer, sub-licence, or sub-contract to any third party the benefit and/or burden of the Agreement or of any of the rights under this Agreement without the prior written consent (not to be unreasonably withheld) of the other party, except as otherwise allowed in this Agreement. Any assignment that takes place must be a legal assignment. Any novation that takes place must be legally valid as a formal novation of the Agreement and the Parties must enter into a tripartite novation agreement. No variation of the Agreement will be valid or binding unless it is recorded in writing and signed by or on behalf of both Parties.
3. The Contracts (Rights of Third Parties) Act 1999 does not apply to the Agreement and no third party has any right to enforce or rely on any provision of the Agreement.
4. Unless otherwise agreed, no delay, act, or omission by a Party in exercising any right or remedy available in relation to this Agreement will be deemed a waiver of that, or any other, right or remedy.
5. A provision which by its intent or terms is meant to survive the termination of the Agreement will do so.
6. If any court or competent authority finds that any provision (or part) of the Agreement is invalid, illegal, or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Agreement will not be affected.
7. Unless specifically provided by the Parties, nothing in the Agreement will establish any employment relationship, partnership, or joint venture between the Parties, or mean that one Party becomes the agent of the other Party, nor does the Agreement authorise any Party to enter into any commitments for or on behalf of the other Party.
8. Nothing in the Agreement should be construed as granting the Contractor an exclusive right of occupation or any other right in the land or property that constitute the Premises or in any part of these; except for the temporary right to use of the Premises for duration of the Works only on the terms set out in this Agreement. 

Jurisdiction

1. Except where an exception applies as required by law (e.g. in relation to disputes under consumer law): 
   1. This Agreement will be governed by and interpreted according to the laws of England and Wales.
   2. All disputes and claims arising under the Agreement (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.

The Parties have signed this Agreement on the date(s) below:

Schedule 1 - Model Cancellation Form

To :

I hereby give notice that I cancel my contract for the sale of the supply of the following service:

• Ordered on/received on: 

• Name of consumer(s):

• Address of consumer(s):

• Signature of consumer(s) (only if this form is notified on paper):

• Date: