Terms & Conditions
1. Scope of Services
Gibbon Structural Design (“the Company”) shall provide structural engineering design services as agreed in writing with the Client. The Company shall not be held liable for any matters, works, or elements not specifically included in its design calculations or scope of services.
2. Quotations and Site Visits
2.1. Fee quotations are issued based on the information provided at the time.
2.2. Site visits are not included unless explicitly stated in writing.
2.3. Quoted completion dates are estimates only and are subject to availability and formal instruction to proceed no less than three (3) weeks prior to the proposed completion date.
3. Client Variations and Amendments
Any changes or additional requests made by the Client after the initial design brief may result in additional fees. These will be quoted and must be agreed upon before implementation.
4. Payment Terms
4.1. Full payment is required prior to the release of any final documents or design calculations.
4.2. An invoice will be issued shortly before the anticipated completion of services.
4.3. Gibbon Structural Design reserves the right to withhold documents until payment is received in full.
5. Planning and Regulatory Submissions
5.1. Our fees are payable regardless of the outcome of any planning permission, permitted development, building regulations, or Class Q submissions.
5.2. The Company does not guarantee approval of such applications, as each project is subject to Local Authority interpretation and discretion.
6. Client Responsibilities
6.1. The Client is responsible for checking all dimensions and spans used in the design on site prior to material procurement or construction.
6.2. The Client must appoint a competent contractor to undertake all construction and associated temporary works, including propping and stability during construction.
7. Temporary Works
The design and implementation of all temporary works, including lateral and vertical supports during construction, are the sole responsibility of the contractor. Gibbon Structural Design shall not be liable for any failure relating to temporary works.
8. Building Control and Inspections
All works must be approved and signed off by an appropriately qualified Building Inspector or relevant authority. The Client is responsible for arranging such inspections.
9. Cracking During Construction
Minor cracking to plasterboard or mortar may occur during and after construction. This is normal and generally cosmetic. Gibbon Structural Design accepts no responsibility for remedial works or associated costs.
For reference: https://www.bregroup.com/insights/assessing-cracks-in-houses/?cn-reloaded=1
10. Ground Conditions and Foundations
10.1. In the absence of a geotechnical investigation, ground conditions will be assumed to be suitable for standard trench fill foundations.
10.2. All foundation excavations must be inspected and approved by Building Control. Should conditions necessitate deeper or alternative foundation solutions (e.g. piles), a revised design will be required and charged at an additional agreed fee.
10.3. Reference: NHBC Guidelines Chapter 4.2 – Building near trees.
11. Intellectual Property
All drawings, calculations, and documentation prepared by Gibbon Structural Design remain the intellectual property of the Company and may not be reproduced or reused without written permission.
12. Limit of Liability
12.1. The Company’s total liability for any claims arising out of or in connection with the services provided shall not exceed £250,000, excluding liability for death, personal injury, or fraud.
12.2. No action or proceedings may be brought by either party more than six (6) years after the completion of services, or earlier as required by law.
13. Dispute Resolution
Any disputes arising under or in connection with these Terms shall first be attempted to be resolved through good faith negotiation. If unsuccessful, the matter shall be referred to mediation before any court proceedings.
14. Governing Law
These Terms and Conditions are governed by and shall be construed in accordance with the laws of England and Wales.