Quotation Terms & Conditions
These Terms & Conditions apply to all quotations, estimates and contracts issued by BPS Builders
Ltd. By accepting a quotation in writing or verbally, or by permitting works to commence, the Client
agrees to be bound by these terms.
Definitions
In these Terms & Conditions:
- “Contractor” means BPS Builders Ltd, a company registered in England and Wales, with its
principal place of business at 87 North Road, Parkstone, Poole, Dorset, BH14 0LT. - “Client” means the person, company or other entity engaging BPS Builders Ltd to carry out
works. - “Contract” means the agreement between the Contractor and the Client formed upon
acceptance of a Quotation. - “Quotation” means a formal written offer issued by the Contractor on company letterhead
bearing the heading ‘Quotation’. - “Estimate” means an indicative cost only, subject to variation, and not a fixed-price
commitment. - “Variation” means any alteration, addition or omission to the agreed scope of works.
- “Practical Completion” means the stage at which the works are substantially complete and
fit for their intended purpose, in accordance with the Building Act 1984 and JCT principles. - “Working Day” means Monday to Friday, excluding Bank Holidays in England and Wales.
Quotations, Estimates & Acceptance
- Quotations
Quotations are formal offers valid for 30 days from the date of issue unless otherwise stated. A
Quotation is only valid when issued on company letterhead headed ‘Quotation’. No other document
constitutes a binding Quotation. - Estimates
An Estimate is an indicative assessment of likely costs and is not a fixed-price commitment.
Estimates may be subject to variation and are not binding upon the Contractor.
BPS Builders Ltd | info@bpsbuilders.co.uk | 01202 240080 | 87 North Road, Parkstone, Poole, BH14 0LT | Page 1
Quotation Terms & Conditions | BPS Builders Ltd | Version: May 2026 - Provisional Costs
Where a Provisional Cost (PC) is included in a Quotation, this represents either an unknown
quantity or an optional item of work. All provisional items will be carried out, or omitted, only
following consultation with and written confirmation from the Client prior to commencement. - Acceptance
Acceptance of a Quotation, whether in writing or verbally, or permission granted for works to
commence, constitutes formation of a binding Contract under the Consumer Rights Act 2015 (for
consumers) or general contract law principles (for businesses). The Client and Contractor may
both withdraw prior to commencement of works; however, any deposit paid will be retained to
cover materials ordered, preparatory costs incurred and reasonable pre-site administration. - Variations
Any additional or varied works must be agreed in writing by both parties before being carried out.
Variations will be documented as a Variation Order and priced separately. Variations carried out
without a fixed or estimated cost will be charged at the Contractor’s standard rates and margins. All
Variations will be itemised within invoices.
Payment Terms - Payment Schedule
Payment terms, interim payment schedules and deposit requirements are set out in the Quotation
or Contract. Unless otherwise stated, invoices are due strictly on receipt. The Contractor may
require staged payments for contracts of significant value, as set out in the Quotation. - Methods of Payment
Payment may be made by bank transfer or cash. Bank details are shown on each invoice. Cheque
payments are not accepted. - Late Payment
In accordance with the Late Payment of Commercial Debts (Interest) Act 1998, the Contractor
reserves the right to charge interest on overdue invoices at 8% above the Bank of England base
rate, accruing daily from the due date until payment is received in full. The Contractor also
reserves the right to recover reasonable debt recovery costs under the same legislation.
BPS Builders Ltd | info@bpsbuilders.co.uk | 01202 240080 | 87 North Road, Parkstone, Poole, BH14 0LT | Page 2
Quotation Terms & Conditions | BPS Builders Ltd | Version: May 2026 - Retention & Main Contractor Discount
Retention and main contractor discount do not apply unless expressly agreed in writing by BPS
Builders Ltd prior to commencement. Any agreed retention will be released upon Practical
Completion and expiry of the defects liability period. - Suspension for Non-Payment
Under the Housing Grants, Construction and Regeneration Act 1996 (as amended by the Local
Democracy, Economic Development and Construction Act 2009), the Contractor has the right to
suspend works upon seven days’ written notice if payment is not received by the due date. The
Contractor shall not be liable for any resulting delay or loss during a period of lawful suspension.
Commencement, Programme & Completion - Programme
Any lead-in or start date given is indicative only and is subject to change as works are programmed
on a ‘first formal instruction received’ basis. The Contractor will provide reasonable notice of the
intended start date. - Completion
The Contractor will use its best endeavours to complete the works by any agreed target completion
date. Time is not of the essence unless expressly stated in writing. The Contractor shall not be
liable for delays caused by:
- Adverse or exceptional weather conditions
- Unforeseen ground, structural or subsurface conditions
- Existing building defects or latent defects discovered during works
- Changes to specification or scope requested by the Client
- Delays caused by utility companies, statutory undertakers or nominated sub-contractors
- Acts of God, pandemic, civil unrest or any other event outside the Contractor’s reasonable
control (force majeure)
If works take longer than anticipated due to circumstances within the Contractor’s control and no
additional charges have been agreed, no additional charges will be levied. Equally, if works
complete ahead of programme, the Client is not entitled to a reduction in the Contract sum.
- Working Hours
Standard working hours are 08:00–18:00 Monday to Friday and 08:00–13:00 on Saturdays, unless
otherwise agreed in writing. Works outside these hours may be subject to additional charges.
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Quotation Terms & Conditions | BPS Builders Ltd | Version: May 2026
Access & Site Facilities - Access
The Client shall provide reasonable and unimpeded access to the works area during agreed
working hours. Adequate holding areas for storage of materials, plant and equipment shall be
made available at no cost to the Contractor. Access for delivery of materials, plant, machinery and
skips must be maintained throughout the project and shall remain in place until final payment has
been received in full. - Utilities
Unless otherwise agreed, the Client shall provide a cost-free 240v electricity supply and mains
pressure water supply for use in connection with the works and staff welfare. If such supplies are
not available, the Contractor may make alternative arrangements at cost to the Client.
Sub-Contractors & Labour - Use of Sub-Contractors
The Contractor may engage both directly employed and sub-contracted labour. All sub-contractors
engaged by BPS Builders Ltd are required to hold their own valid public liability insurance. The
Contractor remains responsible for the overall management, oversight and standard of all works
carried out under the Contract.
Health & Safety - Contractor Obligations
The Contractor will comply with all applicable health and safety legislation, including but not limited
to:
- The Health and Safety at Work etc. Act 1974
- The Construction (Design and Management) Regulations 2015 (CDM 2015)
- The Control of Substances Hazardous to Health Regulations 2002 (COSHH)
- The Working at Height Regulations 2005
- The Manual Handling Operations Regulations 1992
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Quotation Terms & Conditions | BPS Builders Ltd | Version: May 2026
- CDM Duties
For notifiable projects under CDM 2015, the Client is advised of their duty to appoint a Principal
Designer and Principal Contractor. Where BPS Builders Ltd is appointed as Principal Contractor, it
will prepare and maintain a Construction Phase Plan and take responsibility for on-site health and
safety management. The Client remains the duty holder responsible for ensuring the project is
suitably managed in compliance with CDM 2015. - Client Obligations
The Client shall ensure the site is reasonably safe before access is granted and shall notify the
Contractor in writing of any known hazards, including but not limited to the location of underground
services, pipes, cables and drainage runs. The Contractor accepts no liability for damage to
unidentified services where written notification has not been provided.
Building Regulations & Planning - Building Regulations
Where works require Building Regulations approval under the Building Act 1984 and associated
Approved Documents, it is the Client’s responsibility to ensure the necessary applications and
approvals are in place before works commence, unless otherwise agreed in writing. The Contractor
will carry out works to meet the applicable Approved Documents (including Parts A–S of the
Building Regulations 2010) where relevant to the scope of works. - Planning Permission
It is the Client’s responsibility to obtain any necessary planning permission or permitted
development consents before works commence. The Contractor is not responsible for any delay,
loss or expense arising from the Client’s failure to obtain required consents. - Party Wall Act
Where works may affect a party wall, party structure or boundary, the Client is responsible for
complying with the Party Wall etc. Act 1996, including serving appropriate notices and appointing a
Party Wall Surveyor where required. The Contractor will cooperate with any Party Wall process but
cannot be held responsible for delays caused by party wall procedures.
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Quotation Terms & Conditions | BPS Builders Ltd | Version: May 2026
Materials & Products - Specification
Materials and products will be supplied in accordance with the agreed Quotation specification.
Where specific products are unavailable, the Contractor will offer equivalent alternatives of the
same quality and standard, subject to Client approval. - Performance of Materials
Natural and manufactured materials (including timber, masonry and stone) may be subject to
environmental variation including expansion, contraction, warping or moisture movement. The
Contractor will advise on suitability of materials for specific applications but makes no guarantee of
performance beyond the manufacturer’s own warranties. Clients are strongly advised to review
manufacturer recommendations. - Ownership of Materials
All materials supplied by the Contractor remain the property of BPS Builders Ltd until full payment
has been received. The Client shall not remove, dispose of or incorporate such materials into any
other work until ownership has passed upon receipt of full payment.
Existing Structures & Latent Defects - Latent Defects
The Contractor accepts no responsibility for defects, deterioration or failure in existing structures,
materials or elements that were concealed or undetectable at the time of inspection or
commencement, including perished, infested or structurally compromised timbers, damp ingress,
subsidence or pre-existing defects in drainage or foundations. Where such conditions are
encountered, the Contractor will notify the Client promptly and agree a course of action. - Subsidence & Ground Conditions
Subsidence and unforeseen ground conditions are excluded from the Contractor’s warranty and
liability. Where ground investigation surveys are recommended, the Client is advised to
commission them prior to commencement.
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Quotation Terms & Conditions | BPS Builders Ltd | Version: May 2026
Site Protection & Builders Waste - Protection of Existing Surfaces
The Contractor will take reasonable precautions to protect existing surfaces, floors and furnishings
using dust sheets and protective coverings. Ultimate responsibility for protection of the Client’s
property beyond the Contractor’s standard measures rests with the Client. Enhanced protection
can be arranged by prior agreement at additional cost. - Builders Waste
Builders waste generated during the works, including materials demolished or removed by the
Contractor, will be managed in accordance with the Environmental Protection Act 1990 and the
Waste (England and Wales) Regulations 2011. Waste will be disposed of responsibly and, where
applicable, using a licensed waste carrier. Skip contents remain the property of BPS Builders Ltd
until collected by the skip contractor. The Contractor will provide a Waste Carrier Registration
number upon request.
Insurance - Contractor’s Insurance
BPS Builders Ltd holds the following insurance cover at all times:
- Public Liability Insurance: £5,000,000 per occurrence
- Employers’ Liability Insurance: £10,000,000 per occurrence
Certificates of insurance are available on request.
- Client’s Insurance
The Client is strongly advised to notify their buildings and contents insurer before works
commence, as many domestic building insurance policies require notification when structural or
significant works are undertaken. The Contractor accepts no liability for any loss arising from the
Client’s failure to maintain adequate insurance cover.
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Quotation Terms & Conditions | BPS Builders Ltd | Version: May 2026
Guarantee & Defects Liability - Workmanship Guarantee
BPS Builders Ltd provides a 12-month workmanship guarantee from the date of Practical
Completion on all new construction works. Extended guarantee options of 5 or 10 years are
available; terms to be agreed in writing prior to commencement. - Scope of Guarantee
The guarantee covers:
- New construction works carried out by BPS Builders Ltd
- New materials installed as part of the agreed works
The guarantee does not cover: - Repair or remedial works to existing structures
- Damage arising from subsidence, ground movement or existing latent defects
- Defects caused by Client misuse, modification or failure to maintain
- Materials or products subject to a manufacturer’s own warranty (which apply independently)
- Decorative finishes, which are signed off at Practical Completion
- Works carried out or modified by a third party after Practical Completion
- New Build Warranty
New build properties may be covered by a structural warranty (such as NHBC Buildmark or
equivalent). Details will be discussed and confirmed in writing prior to contract. - Defects Liability Period
Following Practical Completion, a defects liability period of 12 months applies. During this period
the Contractor will return to remedy any defects that arise from workmanship or materials supplied,
at no additional cost to the Client, provided such defects are notified promptly in writing. - Post-Guarantee Remedial Work
Beyond the guarantee period, the Contractor will investigate and, where BPS Builders Ltd is found
to be wholly responsible, carry out agreed remedial works as soon as reasonably practicable.
Charges may apply for works outside the guarantee period or for items not covered by the
guarantee.
BPS Builders Ltd | info@bpsbuilders.co.uk | 01202 240080 | 87 North Road, Parkstone, Poole, BH14 0LT | Page 8
Quotation Terms & Conditions | BPS Builders Ltd | Version: May 2026
Disputes & Adjudication - Complaints
Any complaints should be raised with BPS Builders Ltd in writing in the first instance. The
Contractor will acknowledge complaints within five Working Days and endeavour to resolve them
promptly and fairly. - Adjudication
In the event of a dispute that cannot be resolved by negotiation, either party has the right to refer
the matter to adjudication at any time under the Housing Grants, Construction and Regeneration
Act 1996 (as amended). The adjudicator’s decision is binding on both parties until finally
determined by arbitration or litigation. - Governing Law
These Terms & Conditions are governed by and construed in accordance with the law of England
and Wales. Any dispute that cannot be resolved by adjudication shall be subject to the exclusive
jurisdiction of the courts of England and Wales.
Consumer Rights - Consumer Contracts
Where the Client is a consumer (an individual acting outside of a trade or profession), the following
additional provisions apply in accordance with the Consumer Rights Act 2015 and the Consumer
Contracts (Information, Cancellation and Additional Charges) Regulations 2013:
- The Client has a 14-day right to cancel a distance or off-premises contract from the date of
agreement, unless works have commenced with the Client’s express consent and the
Client has acknowledged that the cancellation right will be lost upon commencement. - Works will be carried out with reasonable care and skill, within a reasonable time and at a
reasonable price where not fixed in advance. - Where a defect in the Contractor’s work is established, the Client is entitled to require
repeat performance or, where that is not possible, a price reduction.
These Terms & Conditions do not affect your statutory rights as a consumer under the Consumer
Rights Act 2015.
BPS Builders Ltd | info@bpsbuilders.co.uk | 01202 240080 | 87 North Road, Parkstone, Poole, BH14 0LT | Page 9
Quotation Terms & Conditions | BPS Builders Ltd | Version: May 2026
General Provisions
- Entire Agreement
These Terms & Conditions, together with the Quotation and any written Variation Orders,
constitute the entire agreement between the parties and supersede all prior representations,
discussions and agreements. - Severance
If any provision of these Terms & Conditions is found to be invalid, unlawful or unenforceable, it
shall be severed from the remaining provisions, which shall continue in full force and effect. - Waiver
Failure by either party to enforce any provision of these Terms & Conditions shall not constitute a
waiver of the right to enforce that provision at a later date. - Amendments
These Terms & Conditions may only be amended by written agreement signed by an authorised
representative of BPS Builders Ltd.
BPS Builders Ltd | www.bpsbuilders.co.uk | Registered in England & Wales | ICO: ZA699073
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