SiteKiln gives you plain-English information, not legal advice. This is a starting point, not bespoke legal advice. For higher-value jobs, get a construction solicitor to sanity-check it against your exact setup, insurance and risk.
These are template terms and conditions for domestic building work -- you working for a homeowner. They're written in plain English so both sides know where they stand. Adjust them to fit your business, then get them checked if the job is big enough to warrant it.
1. Parties and property
1.1 These Terms and Conditions apply to all work carried out by [Your Business Name] ("we", "us", "our") for [Client Name] ("you", "your").
1.2 The work will be carried out at [Property Address] ("the Property").
2. Scope of works
2.1 We will carry out the works described in our written quotation ref [quote ref] dated [date] ("the Works").
2.2 The quotation and any drawings, schedules or specification attached to it set out what is included in the Works.
2.3 Any work not clearly described in the quotation is not included and will be treated as a variation (see clause 7).
3. Price and VAT
3.1 Unless we say otherwise in the quotation, the price is a fixed price for the Works as described.
3.2 Our quotation will state whether prices are inclusive or exclusive of VAT. If VAT is chargeable, it will be added at the applicable rate on the date of the invoice.
3.3 Any Prime Cost (PC) items or Provisional Sums (PS) in the quotation are allowances only. If the actual cost is higher or lower than the allowance, the price will be adjusted up or down and shown as a variation.
4. Payment
4.1 You agree to pay us as set out in the payment schedule in the quotation (for example, deposit, stage payments and final balance).
4.2 Invoices are due for payment within [7/14] days of the invoice date unless otherwise stated.
4.3 If you do not pay an invoice on time, we may:
a) charge interest on the overdue amount at the statutory rate (currently 8% above the Bank of England base rate) until payment is received; and
b) suspend work on the Works until payment is brought up to date.
4.4 We may, at our discretion, require cleared funds for certain materials or items before ordering them.
5. Time for completion
5.1 Any dates or timescales we give for starting or completing the Works are estimates only. We will carry out the Works within a reasonable time.
5.2 The programme may change if:
a) you request changes or extra work;
b) we discover defects or issues that could not reasonably have been seen in advance;
c) there are delays caused by you, your other contractors, or third parties (including Building Control, utility providers or suppliers); or
d) there is bad weather or other events outside our reasonable control.
5.3 If we become aware of anything likely to delay the Works, we will let you know as soon as reasonably practicable and, where possible, give a revised estimate.
6. Your responsibilities
6.1 You are responsible for:
a) obtaining any necessary planning permission, Building Control approval and/or freeholder/landlord consents, unless we have agreed in writing to handle this for you;
b) ensuring we have suitable access to the Property during normal working hours;
c) providing basic services on site (water, electricity, WC facilities) unless otherwise agreed;
d) removing or protecting any personal belongings, valuables or fragile items from the work area; and
e) keeping pets and children away from the work areas for safety.
6.2 You confirm that you own the Property or have the authority of the owner to have the Works carried out.
7. Variations and additional work
7.1 If you ask us to carry out additional work or changes to the Works ("a Variation"), we will:
a) explain what will change; and
b) give you a cost or rate for the Variation.
7.2 We will not normally proceed with a Variation until the cost has been agreed, at least by email, text or other written message.
7.3 If we discover problems (for example, rot, decay, asbestos, unsafe electrics, subsidence or other defects) that we could not reasonably have identified before starting, we will:
a) tell you as soon as possible;
b) explain your options; and
c) agree any extra costs and any changes to the programme before continuing, where reasonably possible.
8. Workmanship and defects
8.1 We will carry out the Works with reasonable care and skill and in accordance with relevant building regulations and standards so far as they apply to the agreed scope.
8.2 If you are not satisfied that part of the Works has been carried out with reasonable care and skill, you must tell us in writing as soon as you become aware of the issue and give us a reasonable opportunity to inspect.
8.3 Where we agree there is a defect due to our workmanship or materials supplied by us, we will, at our option, repair or make good the defect, or re-perform the affected part of the Works, within a reasonable time.
8.4 Our obligation to remedy defects does not apply to:
a) damage caused by misuse, neglect or lack of maintenance;
b) fair wear and tear; or
c) issues arising from designs, materials or instructions supplied by you or third parties.
8.5 Nothing in these terms affects your legal rights under the Consumer Rights Act 2015.
9. Materials and ownership
9.1 Materials we supply remain our property until we have received payment in full for those materials and for the related Works.
9.2 Once materials are installed at the Property, the risk of damage to them passes to you, except where damage is caused by our negligence.
10. Access and site conditions
10.1 You agree to give us safe and reasonable access to the Property to carry out the Works.
10.2 We will take reasonable care to minimise dust, noise and disruption, but some disturbance is inevitable.
10.3 You are responsible for dealing with any party wall issues and notifying neighbours where required, unless we have agreed in writing to assist.
11. Health and safety
11.1 We will take reasonable steps to ensure the health and safety of our workers and anyone else who may be affected by our work, in line with our health and safety policy.
11.2 You agree not to enter work areas that we have identified as restricted or unsafe without our permission.
12. Suspension and termination
12.1 We may suspend the Works if:
a) you do not pay an invoice when due;
b) you do not provide access or conditions needed for us to carry out the Works; or
c) there are health and safety concerns that mean it is not safe to continue.
12.2 Either of us may terminate the contract by written notice if the other seriously breaches these terms and does not put things right within [14] days of being asked to do so in writing.
12.3 If the contract is ended, you must pay us for all Works carried out and materials supplied up to the date of termination, plus any reasonable costs of removing our tools and materials from site.
13. Our liability to you
13.1 We are responsible for loss or damage you suffer that is a foreseeable result of us breaching this contract or failing to use reasonable care and skill.
13.2 We are not responsible for any loss or damage that is not foreseeable, or for business losses (for example, loss of profit or loss of opportunity) where you are acting as a consumer.
13.3 We do not exclude or limit our liability for death or personal injury caused by our negligence, or for fraud or anything else that cannot be limited by law.
14. Complaints and disputes
14.1 If you have a complaint about our work, please raise it with us as soon as possible so we can try to resolve it quickly.
14.2 If we cannot resolve a dispute between us, we will consider using an independent mediation or alternative dispute resolution (ADR) service before either of us takes court action.
15. General
15.1 These Terms and Conditions, together with our quotation and any documents referred to in it, form the entire agreement between us for the Works.
15.2 If any part of these terms is found to be invalid or unenforceable, the rest will continue to apply.
15.3 This contract is governed by the laws of England and Wales and any disputes will be subject to the non-exclusive jurisdiction of the English and Welsh courts.
Sources and legislation
- Consumer Rights Act 2015 -- implied terms for services (sections 49-52): reasonable care and skill, reasonable price, reasonable time, key pre-contract info becomes binding. legislation.gov.uk/ukpga/2015/15
- Supply of Goods and Services Act 1982 -- similar implied terms for services and goods where CRA does not apply. legislation.gov.uk/ukpga/1982/29
- Unfair Contract Terms Act 1977 -- limits on excluding liability, especially for negligence. legislation.gov.uk/ukpga/1977/50
- Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 -- pre-contract information and cancellation rights for off-premises/distance contracts. legislation.gov.uk/uksi/2013/3134
- CMA unfair contract terms guidance -- gov.uk/government/publications/unfair-contract-terms-cma37
Related guides on this site
- 8.5 Writing quotes that protect you
- 8.7 Terms and conditions template -- commercial subcontracting
- 9.1 Customer won't pay the final invoice
- 9.2 Customer claims defective work
- 9.4 Customer won't let you back to fix the work
- 9.12 Deposits -- how much you can take and what protects you
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