1.1. The function of Vantage Building Control is that of an Approved Inspector, as defined within the Building Act 1984 and Regulations under it.
1.2. Vantage Building Control shall carry out these functions, exercising the reasonable skill, care and the diligence to be expected of an appropriately qualified and competent expert, with knowledge of the standards of construction required by the Building Regulations.
1.3. Vantage Building Control Ltd shall carry out the function in accordance with the CIC Code of Conduct for Approved Inspections and the DCLG Building Control Performance Standards.
2.1. The Client or their appointed agents shall supply such information to Vantage Building Control Ltd at such times as is reasonably required for the delivery of the services.
2.2. The Client or their appointed agents shall notify Vantage Building Control Ltd in writing of any instruction to vary the services.
2.3. The client or their representative shall be responsible for providing safe access to the project, when the approved inspector reasonably requires it.
2.4. The client, designers and contractors shall be responsible for the project’s compliance with the building regulations and Vantage Building Control Ltd services do not include managing the project to ensure that compliance is achieved. Vantage Building Control Ltd shall take such steps as are reasonable to enable it to be satisfied as to the project’s compliance with the Building Regulations, and if so satisfied, it shall issue a final certificate. The final certificate is evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with.
3.1. Agents signing on behalf of clients must ensure that they have informed the client agency the fact that they have instructed us on their behalf and bring to the attention of their clients our Terms of Business.
4.1. Vantage Building Control Ltd may occasionally use competent sub contract surveyors or companies to undertake site inspections on its behalf. The work they undertake will be for Vantage Building Control Ltd and any liability resulting from these inspections will be the responsibility of Vantage Building Control Ltd.
4.2. A person or company who is not a party to this Agreement has no rights under the Contract (Rights of Third Party) Act 1999 to enforce any term of this contract but this does not affect an right or remedy of a third party which exists or is available apart from that act.
5.1. The Client or their appointed agents shall pay Vantage Building Control Ltd for the performance of the services the fees and charges in such instalments as agreed in the Fee Offer. All fees and charges under the Agreement are exclusive of Value Added Tax which, if due shall be paid at the prevailing rate concurrently in addition.
5.2. Unless otherwise agreed, an invoice for the Plan Fee will be issued on submission of the Initial Notice if not provided at the time of receipt of the application.
5.3. Unless otherwise agreed, an invoice for the Inspection Fee will be issued on commencement of building work on site.
5.4. All fees liable to Vantage Building Control Ltd should be paid by the client or their appointed agents within 21 days from date of invoice and prior to the release of the final certificate.
5.5. Where the Client intends to withhold payment of any amount stated in the invoice, the Client must give written notice to Vantage Building Control Ltd, no later than 5 days before the final date for payment, stating the amount to be withheld and the grounds for withholding payment.
5.6. In the event that the Client is in default over payments of amounts at the final date for payment and no notice of intention to withhold payment from such amount has been given under Clause 5.3 above, Vantage Building Control Ltd may suspend performance of any or all of the services. This right is subject Vantage Building Control Ltd 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 the amount due.
5.7. Vantage Building Control Ltd shall notify the Client or their agent in writing as soon as it becomes reasonably apparent that any work additional to the subject of the original fee offer will be required.
6.1. Vantage Building Control Ltd is required to comply with the guidelines issued by the Communities and Local Government & Construction Industry Council’s Code of Conduct for Approved Inspectors in respect of the maintenance of professional indemnity insurance.
6.2. Vantage Building Control Ltd shall on written request of the Client or their agent provide evidence that the insurance is properly maintained.
6.3. Vantage Building Control Ltd shall immediately inform the Client or their agent if the insurance referred to in Clause 6.1 above ceases to be available.
7.1. The copyright in all documents prepared by Vantage Building Control Ltd in providing the services shall remain their property. Subject to payment by the Client of the fees properly due to Vantage Building Control Ltd under this Agreement Vantage Building Control Ltd grants to the Client an irrevocable non‐exclusive royalty‐free licence to copy and use the documents for any purpose related to the project.
7.2. Vantage Building Control Ltd shall not be liable for any use of the documents for any purpose other than that for which they were prepared and provided by them.
7.3. As part of the Initial Notice submission Vantage Building Control Ltd must disclose the applicant’s name and address. This data has not been obtained for marketing purposes by third parties and therefore, if it is found that data has been used for such purposes by the Local Authority dealing with this Initial Notice they may breach the principles of the Data Protection Act.
8.1. The Client may terminate the appointment of Vantage Building Control Ltd under this Agreement by giving 7 days’ written notice to them. In such cases the client shall pay Vantage Building Control Ltd any instalments of the fee due up to date of termination.
8.2. If the Client materially breaches its obligations under this Agreement Vantage Building Control Ltd may serve on the Client a notice specifying the breach and requiring it to remedy within 28 days, and if the Client thereafter fails to remedy that breach within that period Vantage Building Control Ltd may terminate this Agreement by giving written notice to the Client.
8.3. If either party;
8.3.1. Commits an act of bankruptcy or has a receiving or administrative order made against it, and/or ∙
8.3.2. Goes into liquidation, and/or ∙
8.3.3. Becomes insolvent, and/or ∙
8.3.4. Makes any arrangement with its creditors,
8.3.5. The other may suspend performance of the services or may terminate the appointment by giving written notice to the party.
9.1. In the event that the Client has a complaint in respect of the performance of Vantage Building Control Ltd services under this Agreement, without prejudice to any other remedy available under this Agreement, they shall be entitled to have access to the complaints handling procedure.
10.1. Neither Vantage Building Control Ltd nor the Client shall, except as otherwise provided in these Conditions, be responsible for any loss, damage, delay or failure in performance hereunder arising or resulting from act of God, act of war, seizure under legal process, quarantine restrictions, strikes, boycotts, lockouts, riots, civil commotions and arrest or restraint of princes, rulers or people.
11.1. Nothing in this clause 11 shall limit Vantage Building Control Ltd.’s liability for negligence resulting in death or personal injury. Subject to that:
11.2. Notwithstanding any other provisions in this contract (apart from clause 11.1), Vantage Building Control Ltd.’s total liability to the Client for any claims arising under or in connection with this contract (whether in contract, in tort (including negligence), for breach of statutory duty or otherwise) shall be limited to ten times the fees charged by Vantage Building Control Ltd.
11.3. Without prejudice to any other exclusion or limitation of liability, damages, loss, expense or costs , the liability of Vantage Building Control Ltd for any loss or damage (‘the loss or damage’) under this contract shall be limited to that proportion as it would be just and equitable for Vantage Building Control Ltd to pay having regard to the extent of its responsibility for the loss or damage and on the assumption that:
11.3.1. all other consultants, contractors, subcontractors and advisers engaged in connection with the Project have provided contractual undertakings on terms no less onerous than those in clause 1 to the Client in respect of the carrying out of their obligations in connection to the Project.
11.3.2. there are no exclusions of or limitations nor joint insurance or co‐insurance provisions between the Client and any other party engaged in connection with the Project and any such other party who is responsible to any extent for the loss or damage is contractually liable to the Client for the loss or damage; and
11.3.3. all the parties engaged in connection with the Project have paid to the Client such proportion of the loss or damage which it would be just and equitable for them to pay having regard to the extent of their responsibility for the loss or damage.
11.4. Vantage Building Control Ltd shall not be responsible for the supervision of any contractor or subcontractor, nor shall Vantage Building Control Ltd have any liability for ensuring the performance or adequate standard of workmanship of any contractor or subcontractor.
11.5. The Client shall look only to Vantage Building Control (and not to individuals engaged by the Approved Inspector or any individual directors or members of Vantage Building Control ltd) for redress if the Client considers that there has been any breach of this contract, in tort (including negligence), for breach of statutory duty or otherwise against such individuals as a result of carrying out its obligations under or in connection with this contract at any time. The Client acknowledges that such individuals are entitled to enforce this term of the contract pursuant to the Contracts (Right of Third Parties) Act 1999.
12.1. 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.
12.2. 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.
12.3. 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.
12.4. Following termination by the approved inspector or the client, the approved inspector is entitled to write to the local authority (with a copy to the client) cancelling the initial notice under the Building Regulations, in which case the approved inspector functions will revert to the local authority and the approved inspector will be discharged from all requirements to complete the services or any additional work.
13.1. The client, designers and contractors shall be responsible for the project’s compliance with the building regulations and the services do not include managing the project to ensure that compliance is achieved. Vantage Building Control Ltd shall take such steps as are reasonable to enable it to be satisfied as to the project’s compliance with the Building Regulations, and if so satisfied, it shall issue a final certificate. The final certificate is not a representation that every aspect of the project complies with Building Regulations.
13.2. Vantage Building Control Ltd surveyors may provide advice relating to designs and relevant statutory requirements, but this does not make them designers. Responsibility for design rest solely with the client or their appointed consultants and contractors.
14.1. NEW DWELLINGS ONLY ‐ Where a copy of the planning consent has not been provided as part of this application, Vantage Building Control Ltd hold no responsibility for checking any planning conditions, including those specific to the accessibility and water efficiency associated to the proposed works. In all circumstances it remains the responsibility of the client/designer to notify Vantage Building Control Ltd of any specific requirements relating to accessibility and water efficiency over and above the baseline Building Regulations. Where no information is provided, only the minimum level of compliance will be checked in accordance with the Building Regulations.
14.2. ALL BUILDINGS ‐ In all circumstances it remains the client’s responsibility to ensure all necessary planning approvals are gained where applicable and adhered to. Vantage Building Control Ltd hold no responsibility for checking such legislative approvals have been obtained, nor any associated conditions are complied with.
15.1. The Approved Inspector hereby agrees to provide the following Building Control service:
15.1.1. To issue to the appropriate local authorities an Initial Notice upon receipt of a completed Application Form or other recognised and accepted means of appointment/Instruction of services (note the instruction to proceed must be received by Vantage Building Control Ltd a minimum of 5 working days before works commence on site).
15.1.2. To carry out statutory consultations.
15.1.3. Where requested to provide one, issue a Plans Certificate when the plans and details show no observed contraventions with current Building Regulations.
15.1.4. To make periodic visits to the site to observe compliance with Building Regulations.
15.1.5. To issue a Final Certificate to the Client and the appropriate local authority upon satisfactory completion of building works.
15.2. The Client or their appointed agents hereby agrees, as is required for Vantage Building Control Ltd to carry out its duties, to provide.
15.2.1. Copies of all appropriate design information, and relevant information about the site to include, locations of sewers, presence of contaminates etc.
15.2.2. Access to the Site during working hours.
16.1. No‐one has any right to enforce any term of this contract under the Contracts (Rights of Third Parties) Act 1999, except as set out in clause 11.5. this does not affect the rights of the Client and Vantage Building Control Ltd in relation to this contract.
[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]