Builder's Terms of Business (Business)

Building Terms and Conditions (Business)

TR.TC.15

These Building Terms and Conditions are designed for use by builders providing their services to business clients. The definition of a business client is broad and may range from the owner of business premises to a landlord seeking the services of a builder to work on their residential properties. These terms of business are designed primarily for inclusion in a document such as a quotation or for display on a website. They can also be used as a stand-alone document.

A "contract schedule" is also included which enables the terms contained within this document to be easily converted into a legally binding agreement.

This document has recently been updated to include a comprehensive set of new “boilerplate clauses”. These standard clauses are designed to offer greater legal certainty and protection for all parties concerned. Included in this update are more comprehensive terms covering force majeure, termination (with more instances in which an agreement can be terminated), assignment and sub-contracting and dispute resolution (with detailed options including good faith negotiations, alternative dispute resolution or “ADR” and arbitration.). As a “business-to-business” document, these terms and conditions now also include a new confidentiality clause designed to protect sensitive business information.

Clauses in this template cover key factors including payment, the services themselves, insurance, liability and the obligations of the respective parties (with particular regard to the customer’s obligations relating to their property).

An alternative version of this document is available which is designed for use by builders rendering their services to domestic (consumer) clients.

Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.

These Building Terms and Conditions contain the following clauses:

1. Definitions and Interpretation
2. Orders
3. Deposit
4. Fees and Payment
5. Services
6. Defects
7. Customer’s Obligations
8. Cancellation
9. Liability, Indemnity and Insurance
10. Guarantee
11. Data Protection
12. Confidentiality
13. Force Majeure
14. Termination
15. Effects of Termination
16. No Waiver
17. Further Assurance
18. Costs
19. Set-Off
20. Assignment and Sub-Contracting
21. Time
22. Relationship of the Parties
23. Third Party Rights
24. Notices
25. Entire Agreement
26. Counterparts
27. Severance
28. Dispute Resolution
29. Law and Jurisdiction

and the following Schedule:

1. Service Agreement

This document is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.

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