TERMS & CONDITIONS OF BUSINESS

Capital Crest Construction Ltd
Registered in Scotland
Company Number: [Insert Company Number]
Registered Office: EH49 6HU, 16 Preston Terrace, Linlithgow.
Email: info@capitalcrestconstruction.co.uk
Telephone: 07803386389
Last Updated: 01.2026

1. DEFINITIONS

In these Terms:

“Company” means Capital Crest Construction Ltd.
“Client” means the person, firm or company instructing the Company.
“Contract” means the agreement between the Company and the Client incorporating these Terms.
“Works” means all labour, materials, services and goods to be supplied.
“Site” means the location where the Works are to be carried out.
“Quotation” means the written estimate issued by the Company.
“Variation” means any addition, omission or alteration to the Works.

2. FORMATION OF CONTRACT

2.1 A legally binding Contract is formed only when:

The Client accepts a written Quotation; and
The Company confirms acceptance in writing; and
Any required deposit is received.

2.2 These Terms override any terms proposed by the Client unless agreed in writing by a Director of the Company.

2.3 No verbal agreement shall be binding unless confirmed in writing.

3. QUOTATIONS & ESTIMATES

3.1 Quotations are valid for 30 days unless otherwise stated.

3.2 Estimates are indicative only and not legally binding.

3.3 The Company reserves the right to revise pricing where:

There are errors or omissions
Specifications change
Site conditions differ from those reasonably anticipated
Material costs increase prior to commencement

3.4 All prices are exclusive of VAT unless otherwise stated.

4. DEPOSITS & PAYMENT TERMS

4.1 The Company may require:

A deposit before scheduling works
Stage payments
Interim payments
Final balance upon practical completion

4.2 Payment terms are strictly as stated in the Contract.

4.3 Late Payments:

Interest charged under the Late Payment of Commercial Debts (Interest) Act 1998
Statutory compensation and recovery costs may apply
The Company may suspend works without liability

4.4 Ownership of materials remains with the Company until paid in full.

5. VARIATIONS

5.1 Any change to scope must be agreed in writing.

5.2 Variations may:

Alter the Contract price
Extend completion dates
Require additional deposits

5.3 If urgent safety works are required, the Company may proceed and invoice accordingly.

6. CLIENT OBLIGATIONS

The Client must:

Provide safe and unobstructed access
Ensure utilities are available
Remove personal belongings from work areas
Obtain planning permission (unless agreed otherwise)
Obtain building warrants and statutory approvals (unless agreed otherwise)
Inform the Company of asbestos, structural issues or hazards

Failure to comply may result in delays and additional charges.

7. SITE CONDITIONS

7.1 The Company is not responsible for:

Hidden defects
Structural weaknesses
Underground obstructions
Asbestos or hazardous materials
Pre-existing plumbing or electrical faults

7.2 Discovery of unforeseen issues will be treated as a Variation.

8. PROJECT TIMELINES

8.1 Timeframes are estimates only.

8.2 Delays beyond the Company’s control include:

Weather conditions
Supply shortages
Subcontractor delays
Regulatory delays
Client changes

8.3 No penalty clauses apply unless agreed in writing.

9. MATERIALS

9.1 Materials may vary slightly in colour, texture or finish.

9.2 Substitutions of equivalent quality may be made where necessary.

9.3 Risk passes to the Client upon delivery to Site.

10. ACCESS & WORKING HOURS

10.1 The Company may work reasonable hours unless restricted by law.

10.2 If access is denied, standby charges may apply.

11. HEALTH & SAFETY

11.1 The Company complies with:

Health and Safety at Work etc. Act 1974
CDM Regulations 2015

11.2 The Client must not interfere with safety equipment or procedures.

12. INSURANCE

The Company maintains:

Public Liability Insurance
Employer’s Liability Insurance

Proof available upon request.

The Client is responsible for insuring:

Existing structures
Contents
Personal belongings

13. PRACTICAL COMPLETION

13.1 Practical Completion occurs when the Works are substantially complete.

13.2 Minor defects do not prevent completion.

13.3 Final payment becomes due upon Practical Completion.

14. DEFECTS LIABILITY

14.1 The Company will rectify defects notified in writing within a reasonable time.

14.2 The Company is not liable for:

Wear and tear
Misuse
Lack of maintenance
Third-party alterations

15. CANCELLATION

15.1 Consumer clients may have 14-day cancellation rights under law.

15.2 If cancelled after commencement:

Payment due for completed works
Materials ordered must be paid
Deposits may be retained

15.3 Bespoke materials are non-refundable.

16. SUSPENSION & TERMINATION

The Company may suspend or terminate if:

Payments are overdue
The Client breaches the Contract
Access is denied
Insolvency occurs

All costs incurred become immediately payable.

17. LIMITATION OF LIABILITY

Nothing excludes liability for:

Death or personal injury caused by negligence
Fraud
Statutory rights

Subject to this:

Total liability limited to the Contract value
No liability for indirect, consequential or economic loss
No liability for loss of profit or business interruption

18. RETENTION OF TITLE

Ownership of materials remains with the Company until full payment is received.

The Company reserves the right to recover unpaid materials.

19. FORCE MAJEURE

The Company is not liable for delay or failure caused by:

Natural disasters
Extreme weather
Government restrictions
War
Pandemics
Supply chain disruptions

20. DISPUTE RESOLUTION

20.1 Parties will attempt amicable resolution first.

20.2 Disputes may be referred to:

Mediation
Adjudication under the Housing Grants, Construction and Regeneration Act 1996

20.3 Governing Law: Scotland.

20.4 Jurisdiction: Scottish Courts.

21. INTELLECTUAL PROPERTY

The Company retains rights to:

Drawings
Designs
Plans
Specifications

They may not be reproduced without written permission.

22. PHOTOGRAPHY & MARKETING

The Company reserves the right to photograph completed works for marketing purposes unless the Client objects in writing prior to commencement.

23. DATA PROTECTION

Personal data is processed in accordance with the Company’s Privacy Policy.

24. SEVERABILITY

If any clause is unenforceable, the remainder remains valid.

25. ENTIRE AGREEMENT

These Terms constitute the entire agreement between the parties.