Terms and Conditions

MW Consulting Engineers

1.0 Quotations and Invoicing

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1.1 Validity of Quotations

1.1.1 Any quotation provided by M W Consulting Engineers (MWCE) applies exclusively to the structural elements specified. Any additional design requirements will not be included in the original fee unless agreed otherwise in writing.

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1.1.2 The only exception to this is responding to comments from building control regarding existing conditions, based on the latest drawings issued by the appointed architect before the quotation was produced.

1.2 Site Visits and Revisions

1.2.1 The initial quotation is subject to revision following a site visit if deemed necessary.

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1.2.2 If a site visit is conducted, any necessary revisions to the quotation will be based solely on a walk-through visual inspection, considering only elements that are clearly visible at the time.

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1.2.3 Should a revised quotation be required following a site visit, and the client decides not to proceed, the site visit fee remains payable. If the site visit fee was not itemised in the original quote, it can be confirmed upon request.

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1.2.4 Unless explicitly stated otherwise, the quotation includes only the first site visit. Any additional site visits will incur separate charges.

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1.3 Amendments Due to External Factors

1.3.1 If additional design work is required due to:

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• Future revisions by the appointed architect;

• Additional or revised information from external parties;

• Unconfirmed conditions discovered after construction has commenced,

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MWCE must be notified immediately. Such revisions will not be included in the original fee unless explicitly stated.

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1.3.2 MWCE holds no responsibility for third-party designs or any deviations from its issued design unless agreed in writing.

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1.4 Deliverables and Payment

1.4.1 Structural calculations, as specified in the quotation, will be provided in PDF format, forming a structural design package suitable for:

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• Building Regulations approval;

• Construction by a competent contractor, excluding any elements not explicitly noted in the package.

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1.4.2 Structural drawings are not included unless explicitly stated in the quotation.

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1.4.3 Upon acceptance of the quotation, MWCE will notify the client when the calculation package is ready. An invoice will then be issued, and is paid upon receipt.

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1.4.4 The calculation package will only be released after full payment has been received.

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1.5 Late Payments

1.5.1 If payment is not received upon receipt of an invoice, MWCE reserves the right to:

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• Charge statutory interest at a rate of 8% plus the Bank of England base rate (Late Payment of Commercial Debts Act 1998).

• Suspend or terminate work until payment is cleared.

• Recover reasonable debt collection costs if further action is required.

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2.0 Suspension of Works

2.1 If a project remains inactive for six months or longer, all previous agreements on delivery, fee structure, and ongoing maintenance will be void. New terms must be renegotiated.

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2.2 If renegotiation is unsuccessful, MWCE will have no further obligation to continue work on the project.

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3.0 Cancelling an Instruction

3.1.1 If a client cancels the instruction to proceed with design work, all completed work and any associated costs up to that point will be invoiced.

3.1.2 The invoiced amount is at MWCE's discretion but can be validated upon request.

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3.1.3 All requested documents and designs will be provided within two working days, subject to:

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• A formal written request;

• Clearance of all outstanding payments.

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3.2 Incomplete Delivery & Client Cancellation

3.2.1 If MWCE fails to meet an agreed written delivery date, but the work is completed before the client formally cancels, the client must settle all outstanding invoices within two working days and before receiving any documents.

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3.3 Refund Policy

3.3.1 Advance payments made before the structural design package is issued are non-refundable, unless an alternative agreement is reached. This is at MWCE’s sole discretion.

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4.0 Limitation of Liability

4.1 MWCE’s total liability for any claim arising from its services shall not exceed the total fee paid for the specific project.

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4.2 MWCE is not liable for:

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• Indirect or consequential losses (e.g., loss of profit, delays, additional contractor costs).

• Errors resulting from inaccurate client-supplied information.

• Changes made to the design without prior approval from MWCE.

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5.0 Intellectual Property & Copyright

5.1 All calculations, drawings, and documents produced by MWCE remain intellectual property of MWCE unless explicitly stated otherwise.

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5.2 MWCE grants the client a non-exclusive license to use the documents solely for the intended project.

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5.3 MWCE retains the right to reuse or modify its designs for other projects unless confidentiality agreements prevent this.

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6.0 Force Majeure (Unforeseen Circumstances)

6.1 MWCE is not liable for delays or failure to deliver services due to circumstances beyond its control, including but not limited to:

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• Extreme weather events, natural disasters, or pandemics.

• Labour strikes, supply chain disruptions, or material shortages.

• Government actions, war, terrorism, or regulatory changes.

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7.0 Client Responsibilities

7.1 The client must:

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• Provide accurate and complete information for design purposes.

• Notify MWCE of any changes to the project scope immediately.

• Ensure safe access to the site for MWCE personnel.

• Arrange for all necessary permissions and approvals (e.g., planning permission, party wall agreements).

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7.2 MWCE is not responsible for design errors resulting from incomplete or incorrect information.

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8.0 Termination of Services

8.1 MWCE reserves the right to terminate services if:

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• The client fails to make payment upon delivery

• The client breaches contract terms (e.g., sharing confidential information).

• The project becomes impractical or unfeasible due to unforeseen circumstances.

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8.2 The client may terminate services with written notice, subject to payment of all outstanding fees for work completed.

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9.0 Governing Law & Dispute Resolution

9.1 These terms are governed by the laws of England and Wales.

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9.2 Any disputes shall first be attempted to be resolved through mediation before pursuing legal action.

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9.3 If mediation is unsuccessful, disputes shall be resolved in the courts of England and Wales.

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9.4 Handling of Queries

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9.4.1 MWCE will only address queries raised by contractual parties directly involved in the project.

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9.4.2 MWCE holds no responsibility for unsolicited third-party advice but may consider it at its discretion.

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9.5 Design Partnerships & Checks

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9.5.1 Any joint venture or design partnership must be agreed prior to instruction. This applies to, but is not limited to:

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• Independent design checks (except those required by building control);

• Collaborations with third-party engineers or consultants.

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9.6 Confidentiality and Non-Disclosure

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9.6.1 All instructed works are subject to a Non-Disclosure Agreement (NDA). This includes, but is not limited to:

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• Public platforms;

• Online review sites.

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9.7 Defamation and Online Conduct

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9.7.1 Any negative reviews or comments will be deemed defamatory. The determination of defamation is at MWCE’s sole discretion.

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9.7.2 MWCE reserves the right to seek damages of up to £10,000 for defamatory statements.

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9.8 Costs Associated with Unsuccessful Disputes

9.8.1 If a client initiates a dispute MWCE will invoice for time spent addressing the dispute at a rate of £70 per hour.

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9.8.2 All time will be rounded up to the nearest full-hour unit. Charges will be applied at MWCE’s discretion.