Terms and Conditions

1. Introduction and Basis of Contract

Welcome to ES Building Solution LTD. These Terms and Conditions (“Terms”) govern the provision of construction, renovation, extension, and conversion services by us to you.

By accepting a quotation or instructing us to proceed with any works—whether via our website https://www.esbuildingsolution.uk/, by telephone, or by email—you agree to be bound by these Terms. These Terms form a legally binding contract between the Customer (“you”, “your”) and the Contractor (“we”, “us”, “our”).

Please read these Terms carefully. They protect both parties and ensure that you have a clear understanding of our operational procedures, payment structures, and liabilities regarding your building project.

2. Definitions

In these Terms and Conditions, the following definitions apply:

• “The Client/You”: The person, firm, or company who engages our Services.
• “The Works”: The construction, extension, loft conversion, garage conversion, garden building, or refurbishment services specified in the Quotation.
• “The Quotation”: The written document setting out the scope of the Works and the price.
• “The Site”: The address or location where the Works are to be carried out.
• “Practical Completion”: The point at which the Works are sufficiently complete for the Client to take possession and use the property for its intended purpose.

3. Quotations and Validity

3.1. Validity Period

All quotations provided by ES Building Solution LTD are valid for a period of 30 days from the date of issue. Due to the fluctuating cost of construction materials (timber, steel, cement), we reserve the right to withdraw or revise the quotation after this period.

3.2. Basis of Quote

The Quotation is based strictly on the visible conditions at the time of the site survey and the specifications provided by you or your architect. It assumes standard working hours (Monday to Friday, 08:00 – 17:00).

3.3. Exclusions

Unless explicitly stated in writing in the Quotation, the price does not include:

• Fees for Planning Permission, Building Control inspections, or structural engineer calculations.
• The costs of any Party Wall Agreements.
• Removal of hazardous materials such as asbestos, lead paint, or contaminated soil found during demolition or excavation.
• Decorative finishes (painting, wallpapering) or floor coverings (carpets, tiles), unless specified as a “turnkey” project.

4. Permissions, Approvals, and Party Walls

4.1. Planning and Building Control

It is the strict responsibility of the Client to obtain all necessary Planning Permissions and Building Regulations approvals before the Works commence. While we may assist in liaising with Building Control Officers, the ultimate legal responsibility and the payment of submission fees rest with the Client.

4.2. Party Wall Act 1996

If the Works involve a wall shared with a neighbour (a “party wall”), or excavation near a neighbour’s property, the Client is responsible for complying with the Party Wall etc. Act 1996. You must serve the necessary notices to your neighbours and obtain their consent (or a Party Wall Award) before we can start work. We are not liable for any delays or legal costs arising from your failure to comply with this Act.

4.3. Stop Work Orders

If work is stopped by a Local Authority or third party due to a lack of necessary permissions, the Client will be liable for any costs incurred by us during the delay, including standing time for labour and plant machinery.

5. The Works and Site Conditions

5.1. Unforeseen Ground Conditions

Our quotations for groundworks (foundations, drainage) are based on the assumption that the ground is standard soil free from water, rock, or other obstructions. If we encounter unforeseen issues such as:

• High water tables or running sand;
• Old drains, wells, or basements;
• Tree stumps or roots requiring specialist removal;
• Contaminated ground; then we shall be entitled to charge for the additional labour and materials required to overcome these problems. We will notify you immediately upon discovery.

5.2. Variations

Any changes to the scope of the Works requested by the Client after the contract has been signed (e.g., adding extra power sockets, changing window specifications, or moving a partition wall) must be agreed in writing. These will be treated as Variations and will be priced separately. We reserve the right to pause the main works until the cost of the Variation is agreed.

5.3. Utilities

The Client agrees to provide access to water, electricity, and toilet facilities at the Site for the use of our workmen. If toilet facilities are not available or the Client refuses their use, we will hire a chemical toilet, and the cost will be added to the final invoice.

6. CDM Regulations 2015

6.1. Compliance

Both parties acknowledge their respective obligations under the Construction (Design and Management) Regulations 2015 (CDM 2015).

• For domestic clients, we (ES Building Solution LTD) will automatically assume the role of Principal Contractor unless you have appointed another contractor in writing.
• As Principal Contractor, we will plan, manage, and monitor the construction phase to ensure, so far as is reasonably practicable, that it is carried out without risks to health or safety.

6.2. Client Duties

The Client must provide us with any pre-construction information they possess (e.g., existing structural drawings, asbestos surveys) that is relevant to the project’s safety.

7. Title and Risk

• Risk: Risk in the materials and the Works shall pass to the Client upon delivery to the Site. The Client is advised to inform their building insurer that building works are taking place to ensure their policy remains valid.
• Title: Notwithstanding the delivery of materials or the incorporation of materials into the building, ownership (title) of all goods and materials supplied by us shall remain with ES Building Solution LTD until the Client has paid the final invoice in full. We reserve the right to enter the Site to recover unfixed materials if payment is not made.

8. Timeline and Delays

8.1. Program of Works: We will provide an estimated start date and duration for the project. These dates are given in good faith but are estimates only.

8.2. Inclement Weather: Construction is weather-dependent. We are not liable for delays caused by adverse weather conditions (e.g., heavy rain, snow, frost, high winds) that make it unsafe to work or prevent materials (like mortar or concrete) from setting correctly.

8.3. Force Majeure: We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond our reasonable control, including shortages of materials, strikes, lock-outs, fire, war, or government restrictions.

9. Defects Liability and Guarantees

9.1. Snagging

Upon Practical Completion, we will conduct a site walkthrough with the Client to identify any minor defects or “snags” (e.g., stiff door handles, minor plaster cracks). We agree to rectify these snags within a reasonable timeframe at no extra cost.

9.2. Structural Guarantee

We guarantee our structural work (e.g., foundations, brickwork, roofing structure) for a period of 10 years from the date of completion, provided that the fault is due to defective workmanship or materials supplied by us.

9.3. Exclusions

This guarantee does not cover:

• Defects arising from fair wear and tear, wilful damage, or negligence by the Client.
• Damage caused by extreme weather events (storms, floods).
• Hairline cracks in plaster (which occur naturally as a new building dries out and settles).
• Workmanship or materials provided by third-party contractors employed directly by the Client.

10. Cancellation (Cooling Off Period)

10.1. Consumer Rights

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you are a “Consumer” and this contract was agreed off-premises (e.g., at your home or via email), you have the right to cancel this contract within 14 days without giving any reason.

10.2. Commencement Waiver

If you request us to begin the Works (e.g., ordering materials, digging foundations) before the expiry of the 14-day cancellation period, you acknowledge that you will be liable to pay for the value of the Works carried out and materials ordered up to the point of cancellation.

10.3. Custom Materials

The right to cancel does not apply to the supply of goods made to the consumer’s specifications or clearly personalised (e.g., bespoke windows, custom staircases).

11. Limitation of Liability

11.1. Insurance: We maintain Public Liability Insurance with a limit of indemnity of £2,000,000 and Employers’ Liability Insurance as required by law.

11.2. Consequential Loss: We shall not be liable for any indirect or consequential loss, including but not limited to loss of profit, loss of rental income, loss of use, or costs of alternative accommodation, arising out of or in connection with the Works.

11.3. Total Liability: Our total liability to the Client in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total price of the Works.

12. Dispute Resolution

• Amicable Settlement: In the event of a dispute, the parties shall attempt to resolve the matter amicably through good-faith negotiations.
• Adjudication: the dispute cannot be resolved, either party has the right to refer the dispute to Adjudication under the Housing Grants, Construction and Regeneration Act 1996 (as amended).

13. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

14. Contact Us

If you have any questions regarding these Terms and Conditions, please contact us using the details below:

• Company Name: ES Building Solution LTD.
• Address: 41 Jerrymoor Hill, Finchampstead, Wokingham, United Kingdom
• Email: esbs@yahoo.com
• Phone: +44 7846 573819

15. Entire Agreement

These Terms and Conditions, together with our official Quotation and any agreed specifications, constitute the entire agreement between you and ES Building Solution LTD. No other verbal statements, promises, or representations form part of this contract unless confirmed in writing by a director of the company.