Terms & Conditions

1. Definitions

"Company" means Contractors QS Ltd (the service provider of construction consultancy services under this Agreement).

"Client" means the person, firm, or company purchasing or using Services from the Company.

"Services" means the consultancy offerings provided by the Company, including Estimating Services, Quantity Surveying Services, and Dispute Resolution Services.

"Estimating Services" refers to remote construction cost estimating—typically pre-contract—covering Bills of Quantities, take-offs, and tailored labour/material rates, offered under the "Simple" and "Scalable" plans or on a per-project basis.

"Quantity Surveying Services" refers to full-spectrum commercial support—including procurement, cost control, dispute resolution, and embedded QS representation—delivered via the "Powerful" retainer or other agreed commercial arrangements.

"Dispute Resolution Services" refers to commercial support in resolving payment or contractual disputes—through claim preparation, negotiation, and expert representation—including support during arbitration or adjudication proceedings.

"Subscription Plan" means a recurring service arrangement—such as the Simple, Scalable, or Powerful plans—delivered with fixed monthly fees and defined service scopes.

"Deliverables" means all documents, reports, or other work products delivered to the Client, including but not limited to BoQs, cost reports, and correspondence drafts.

"Agreement" means the contract between the Company and the Client, comprising these Terms and any Service Order or proposal agreed in writing.

"Fees" means the charges payable by the Client for the Services, as specified in the applicable plan, proposal, or invoice.

2. Contract Formation

This Agreement becomes binding when the Client accepts a written quotation, selects a Subscription Plan, signs a Service Order, or otherwise confirms their intent to proceed (including via email or online sign-up). By doing so, the Client confirms it has read, understood, and accepted these Terms in full.

These Terms apply to all services provided by the Company and take precedence over any Client terms or conditions unless otherwise agreed in writing by a Director of the Company.

3. Scope of Services

The Company provides professional consultancy services with reasonable skill and care, in line with UK industry standards. The scope depends on the selected plan—Simple, Scalable, or Powerful—and covers Estimating, Quantity Surveying, and Arbitration Services as outlined below.

3.1 Estimating Services

Remote, pre-contract estimating support including take-offs, Bills of Quantities (BoQs), and cost summaries with trade-specific rates. All work is delivered electronically.

• Simple Plan – £250/month (12-month term):
  Up to 3 projects per month. Includes BoQs, estimates, and email support only. Turnaround within 2 working days. Projects do not roll over.
• Scalable Plan – £750/month (12-month term):
  Up to 5 projects per month. Includes everything in Simple, plus pre-contract advice, telephone support, and a dedicated estimator. Priority response within 1 working day. Projects do not roll over.
• Ad-Hoc Estimating:
  A fixed-fee option tailored to individual tenders. The structure is as follows:
  • £60 Instruction Fee – A non-refundable admin charge payable upfront to scope the project and confirm deliverables.
  • Fixed-Fee Based on Estimated Effort – Projects are priced at £220/day, calculated based on estimated turnaround time. A fixed quote and delivery window are provided following review of project materials.
  • Advance Payment Required – Full payment of the fixed fee is required before work begins.
  • Scope-Based Delivery – Pricing is based on scope and deliverables, not tracked hours. If a project is completed ahead of schedule, the full fixed fee still applies. Where a project expands beyond the original scope, an additional fee proposal may be issued.

Exclusions: Estimating services do not cover post-contract support, on-site presence, or contract administration. Accuracy depends on the completeness of the Client’s tender information.

3.2 Quantity Surveying Services

Ongoing commercial support across procurement, valuation, financial control, and contract administration—delivered under retainer.

• Powerful Plan – £1,100/week (billed monthly) (12-month term):
  Full-spectrum QS support with no project limits. Includes cost planning, CVRs, procurement to final account, variation handling, and dispute prevention. Delivered remotely with embedded site visits. Dedicated commercial team included.

Client Input Required: The Client must provide access to drawings, cost data, and relevant documentation. Final approvals and decisions remain their responsibility.

3.3 Arbitration Services

Support to manage and resolve payment or contractual disputes. Services may include:

• Preparation of claims and notices
• Strategic commercial negotiation
• Representation in adjudication or arbitration
• Transition to legal escalation if required

Fees: Agreed separately per case following a formal review. Third-party legal fees or disbursements are excluded unless pre-approved.

4. Fees & Payment Terms

All Fees are as specified in the relevant Service Order, Subscription Plan, or invoice. All amounts are in GBP and exclusive of VAT, which will be charged at the applicable rate.

4.1 Estimating Subscription

• Simple Plan – £250/month (exclusive of VAT): Billed monthly in advance. Includes up to 3 estimating projects per month. Unused allocations expire at the end of each month and do not roll over.
• Scalable Plan – £750/month (exclusive of VAT): Billed monthly in advance. Includes up to 5 estimating projects per month and dedicated estimator access. Unused allocations expire at the end of each month and do not roll over.

4.2 Quantity Surveying Subscription

• Powerful Plan – £1,100/week (exclusive of VAT, 12-month term): Invoiced monthly in advance. Unlimited access to Quantity Surveying services as scoped. Includes on-site presence by agreement.

4.3 Ad-Hoc Estimating

• Instruction Fee – £60: Payable upfront to assess and scope the project.
• Fixed-Fee – £220/day: A time-based quotation is provided upon review. Full payment is required in advance before work begins. Additional scope changes are subject to variation fees.

4.4 Arbitration Services

Fees are scoped and agreed on a case-by-case basis. Pricing may be fixed, time-based, or milestone-based. Legal fees or disbursements are excluded unless pre-approved by the Client. No success guarantees are implied or offered.

4.5 Payment Terms

Subscriptions are invoiced on the 28th of each month and collected via Direct Debit on the 1st of the following month. New clients will be required to authorise a Direct Debit mandate via GoCardless. First-time payments may take 7–10 working days to clear due to authorisation protocols. Once active, subsequent payments typically clear within 3–5 working days.

Ad-Hoc Estimating services are invoiced upon confirmation of scope and are payable in full before work begins, unless otherwise agreed in writing. A £60 instruction fee is required upfront to initiate project setup and assessment. Remaining fees are quoted and invoiced based on the anticipated level of effort and must be cleared prior to delivery.

Standard Weekly Billing applies to clients who do not fall under a Subscription or Ad-Hoc Estimating arrangement. These accounts are invoiced at the beginning of each week for services delivered in the previous week and are payable within 7 calendar days of the invoice date (Net 7).

Failure to pay by the agreed due date may result in the suspension of services and incur statutory interest at 8% per annum above the Bank of England base rate, as set out in the Late Payment of Commercial Debts (Interest) Act 1998. Reasonable enforcement and recovery costs are also chargeable.

4.6 Fee Adjustments & Upgrades

Subscription Fees are fixed for the 12-month term. The Company may review fees annually upon renewal. Clients will be notified in advance of any changes. Mid-term upgrades (e.g., Simple → Scalable) require written agreement. Pro rata adjustments may apply.

5. Term, Cancellation & Termination

5.1 Subscription Terms

All Subscription Plans are subject to an initial 12-month commitment (the “Initial Term”) unless otherwise agreed in writing. At the end of the Initial Term, the subscription will automatically renew for a further 12-month period (a “Renewal Term”) on the same terms and pricing, unless either party provides not less than 30 days’ written notice of termination before the renewal date. Written notice may be provided via email or the Client’s account portal (where available).

By entering this Agreement, the Client acknowledges and accepts the automatic renewal terms. The Company will issue a renewal reminder by email at least 30 days prior to the end of the current term to allow sufficient time for the Client to review, cancel, or amend the Subscription Plan.

5.2 Early Termination by Client

If the Client terminates during the Initial Term or a Renewal Term, an early termination charge equal to 50% of the remaining Fees for that period will apply. For example, cancelling with 4 months remaining on a £250/month plan would result in a £500 termination fee.

5.3 Termination for Cause

Either party may terminate this Agreement immediately by written notice if the other:

• Commits a material breach not remedied within 14 days of written notice;
• Becomes insolvent, enters administration or liquidation, or ceases trading.

5.4 Effects of Termination

Upon termination or expiry of the Agreement:

• All outstanding Fees (including early termination charges, if applicable) become immediately due.
• The Company will deliver any paid-for work in progress, where feasible.
• Both parties must return or securely destroy all Confidential Information.
• Any clauses intended to survive termination (e.g., liability, confidentiality, intellectual property) will remain in force.

6. Intellectual Property Rights

6.1 Ownership of Deliverables & Background IP
All intellectual property rights in the Company’s pre-existing materials—such as templates, processes, methodologies, software tools, and know-how—shall remain vested in the Company. Intellectual property in any Deliverables produced under this Agreement (including but not limited to Bills of Quantities, reports, and draft correspondence) shall initially vest in the Company. Upon full and cleared payment of all Fees due, the Client is granted a non-exclusive, perpetual, royalty-free, worldwide licence to use, reproduce, and adapt those Deliverables solely for the purposes of the project(s) to which they relate and for internal business purposes. Any broader usage or assignment requires prior written consent from the Company.

6.2 Restrictions on Use
The Client shall not remove, obscure, or alter any copyright notices, branding, or disclaimers on the Deliverables. Deliverables may only be shared with third parties directly involved in the relevant project(s) (e.g., contractors, consultants) and must not be published, sublicensed, or used for unrelated projects without the Company’s prior written consent. Commercial resale or replication of Deliverables, in whole or in part, is strictly prohibited unless expressly agreed in writing.

6.3 Client Materials
All intellectual property in any materials provided by the Client (e.g., drawings, specifications, models) remains the property of the Client or its licensors. The Client warrants that it has all necessary rights, licences, and permissions to share such materials with the Company. The Company may use these materials solely to provide the agreed Services.

6.4 Company Know-How
The Client acknowledges and agrees that the Company shall remain free to use any general knowledge, experience, skills, or techniques acquired during the engagement, provided this does not involve disclosure of Confidential Information or reproduction of proprietary project Deliverables.

7. Data Protection & UK GDPR Compliance

Each party shall comply with all applicable data protection legislation, including the UK General Data Protection Regulation (“UK GDPR”) and the Data Protection Act 2018.

7.1 Role of the Parties
The Company acts as a Data Controller for personal data it collects for its own business purposes (e.g. client onboarding, billing). Where the Company processes personal data solely on behalf of the Client (e.g. handling subcontractor data in project documents), it acts as a Data Processor and shall:

• Process personal data only on documented instructions from the Client;
• Ensure all personnel handling data are bound by confidentiality obligations;
• Implement appropriate technical and organisational measures to protect personal data against unauthorised access, loss, or disclosure;
• Assist the Client in responding to requests from data subjects and in fulfilling its data protection obligations under the UK GDPR (including breach notification and data impact assessments);
• Delete or return personal data to the Client upon termination of Services, unless retention is required by law or regulatory obligations.

7.2 Data Sharing & Transfers
The Company does not sell or disclose personal data to third parties except:

• Where necessary for the provision of Services (e.g. third-party software platforms or subcontractors, bound by confidentiality and data protection terms);
• Where required by law, regulatory authority, or court order;
• Where authorised in writing by the Client.

7.3 Further Information
For more details on how personal data is collected, used, and safeguarded, please refer to our Privacy Policy available at contractgroup.co.uk/privacy-policy.

8. Confidentiality

8.1 Definition
“Confidential Information” means any non-public, proprietary, or sensitive information disclosed by one party (the “Disclosing Party”) to the other (the “Receiving Party”) in connection with this Agreement, whether in written, oral, or electronic form, that is marked as confidential or would reasonably be understood to be confidential in nature. For the Client, this includes but is not limited to business plans, pricing, technical data, project records, and commercial agreements. For the Company, this includes methodologies, pricing structures, templates, tools, know-how, and all Deliverables prior to full payment.

8.2 Confidentiality Obligations
The Receiving Party shall keep all Confidential Information of the Disclosing Party strictly confidential and shall:

• Use it solely for the performance of this Agreement;
• Disclose it only to employees, contractors, or advisers who need to know it to perform their duties and who are bound by obligations of confidentiality no less protective;
• Protect it using measures at least equivalent to those used to protect its own confidential information, and in no event using less than reasonable care;
• Refrain from reverse-engineering, decompiling, or replicating the other party’s confidential processes or documentation.

8.3 Exclusions
Confidential Information does not include information that:

• (a) is or becomes publicly available other than through a breach of this Agreement;
• (b) was already lawfully in the Receiving Party’s possession without restriction at the time of disclosure;
• (c) is lawfully disclosed to the Receiving Party by a third party not under an obligation of confidentiality; or
• (d) is independently developed without use of or reference to the Disclosing Party’s Confidential Information.

8.4 Compelled Disclosure
If the Receiving Party is required by law, court order, or regulatory authority to disclose any Confidential Information, it shall (to the extent legally permitted) provide prompt notice to the Disclosing Party to allow it to seek protective measures. Disclosure shall be limited strictly to what is legally required and subject to confidentiality where possible.

8.5 Duration of Obligations
The confidentiality obligations in this Clause shall continue for a period of five (5) years following termination or expiry of the Agreement. Obligations in respect of trade secrets and personal data shall remain in force for as long as required under applicable law.

8.6 Return or Destruction
Upon termination or upon written request, the Receiving Party shall promptly return or securely destroy all Confidential Information (including all copies), unless retention is required for legal, regulatory, or legitimate backup purposes. Any retained information remains subject to ongoing confidentiality obligations.

9. Publicity & Project Showcasing

The Company recognises the importance of showcasing its work while maintaining the confidentiality and commercial sensitivity of its Clients. Accordingly, the Company may publicly reference and display elements of projects it has worked on—such as sector, scope, type of service delivered, and outcomes—provided that no Confidential Information or identifiable Client details are disclosed without prior written consent.

9.1 Use of Client Name and Branding
The Company shall not use the Client’s name, logo, trade name, or any branding elements in any public communications (including websites, social media, brochures, presentations, award submissions, and press releases) without the Client’s prior written approval. Consent may be withdrawn at any time upon written notice.

9.2 Project Showcasing & Portfolio Use
The Company may showcase anonymised project details (e.g., “multi-trade commercial build in Manchester”, “quantity surveying for industrial unit development”) across its digital and print channels—including its website, LinkedIn, Instagram, PDF portfolios, internal pitch decks, and proposal templates—without naming the Client, subject to the following safeguards:

• No logos, identifiable project photos, or named third-party contractors are used without prior approval;
• Details presented are generic and aggregated to avoid reverse-identification;
• All imagery used is either royalty-free, licensed, publicly accessible, or owned by the Company.

9.3 Testimonials and Endorsements
Any testimonial, case study, or quoted endorsement using the Client’s name, team member names, or company brand will require explicit written approval from the Client before publication.

9.4 Social Media & Content Marketing
The Company may post anonymised summaries or images of project-related work on its social media accounts and content marketing platforms (e.g. blogs, newsletters), provided no Client-specific information is disclosed or implied. The Company commits to reviewing such content to ensure alignment with professional standards and confidentiality obligations.

9.5 Client Rights
The Client may request to be excluded from any promotional materials at any time by notifying the Company in writing. The Company will use reasonable efforts to comply within 14 days of such request.

This Clause survives the termination or expiry of the Agreement.

10. Travel & Expenses

10.1 General

All service fees are exclusive of travel, accommodation, and subsistence costs unless expressly stated otherwise in the Service Order or written agreement.

10.2 Remote Delivery

Estimating and Quantity Surveying services are ordinarily delivered remotely. Where in-person meetings or site attendance are requested or required, this clause shall apply.

10.3 Travel Approval

The Company will obtain the Client’s written approval prior to incurring any material travel costs, overnight accommodation, or out-of-scope expenses.

10.4 Reimbursable Expenses

The Client shall reimburse all reasonable and necessary travel-related expenses incurred in connection with service delivery. These may include:

• Mileage (charged at HMRC's prevailing rate)
• Rail, air, or public transport fares
• Taxi fares, tolls, congestion charges, and parking
• Hotel accommodation (standard grade)
• Meal allowances in line with UK HMRC subsistence guidelines

Receipts or itemised expense reports will be provided upon request. No markup is applied to third-party costs.

10.5 Client-Arranged Travel

Where preferred, the Client may arrange and cover travel or accommodation costs directly, subject to mutual agreement in advance.

10.6 Travel Time

Travel within a 2-hour radius of the Company’s head office (Q House, Russell Street, Chadderton, Oldham, OL9 9LD) is included in the standard service fee. Travel beyond this radius may be:

• Charged as working time at the Company’s prevailing hourly rate, or
• Billed as a fixed travel supplement agreed in advance.

10.7 Overnight Stays

Overnight accommodation is not included in standard fees and may be required where:

• A meeting or site visit commences before 10:00am, and
• The travel time exceeds 2 hours each way from the Company’s head office.

Where overnight stays are required, associated accommodation and reasonable subsistence will be chargeable in accordance with Clause 10.4.

10.8 Invoicing

Travel and expense reimbursements are invoiced either at the time incurred or as part of the Client’s next scheduled invoice. These follow the same payment terms as the primary service fees.

10.9 Scope by Service Type

• Estimating Subscriptions & Ad-Hoc Estimating: These services are delivered remotely. Travel is not included and is chargeable only where explicitly agreed in writing.
• Quantity Surveying Subscription (Powerful Plan): Reasonable travel within a 2-hour radius is included. Travel beyond this area or any overnight stays will be billed additionally unless expressly included in the Service Order.

11. Complaints & Dispute Resolution

11.1 Raising a Complaint

If the Client is dissatisfied with any aspect of the Services, they must notify the Company in writing, either through their designated contact or senior management. The Company will acknowledge the complaint within 5 working days and conduct a prompt investigation. A formal response will be issued within 15 working days unless the matter requires further time, in which case the Company will confirm an expected timeline.

11.2 Escalation & Negotiation

If a complaint cannot be resolved through initial investigation, either party may escalate the matter by giving written notice. Within 10 working days, each party will nominate a senior representative to meet (virtually or in person) and seek a resolution in good faith. If no agreement is reached within 30 calendar days, the parties may consider mediation.

11.3 Mediation (Optional but Encouraged)

Where appropriate, the parties may mutually agree to mediation under the guidance of the Centre for Effective Dispute Resolution (CEDR) or a similar body. Each party bears its own legal and preparation costs; mediator fees are shared equally. All discussions in mediation are confidential and without prejudice.

11.4 Legal Proceedings

If the dispute remains unresolved, or where immediate legal or injunctive relief is required, either party may initiate formal legal proceedings. This clause does not restrict either party’s right to seek urgent court orders or protective remedies at any time.

12. Governing Law & Jurisdiction

This Agreement and any non-contractual obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of England and Wales.

The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter.

For the avoidance of doubt, the Company may also initiate proceedings in other jurisdictions solely for the purposes of enforcing unpaid Fees or protecting its intellectual property rights, where permitted by applicable law.

13. General Provisions

13.1 Entire Agreement

This Agreement (including these Terms and any Service Order, proposal, or Statement of Work) constitutes the entire agreement between the Company and the Client. It supersedes all prior negotiations, representations, or understandings relating to its subject matter. Each party confirms that it has not relied upon any representation not set out in the Agreement.

13.2 Amendments

No variation or amendment of this Agreement shall be effective unless in writing and signed by authorised representatives of both parties. Any changes to scope, Fees, or contract duration must be documented through a signed addendum or revised Service Order.

13.3 Assignment & Subcontracting

The Client may not assign, transfer, or subcontract any rights or obligations without prior written consent from the Company. The Company may assign this Agreement to a successor or subcontract qualified third parties to deliver the Services, provided it remains responsible for performance.

13.4 Independent Contractor

The Company acts as an independent contractor. Nothing in this Agreement shall be interpreted to create a partnership, agency, or employment relationship. Neither party shall bind the other unless expressly permitted in writing.

13.5 Non-Solicitation of Personnel

During the term of the Agreement and for 12 months thereafter, the Client shall not directly or indirectly solicit, hire, or engage any employee or key contractor of the Company who was involved in delivering the Services. Breach of this clause shall entitle the Company to claim liquidated damages equivalent to 50% of that individual’s annual salary or equivalent fees.

13.6 Third-Party Rights

This Agreement is not intended to benefit any third party, and no third party shall have the right to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.

13.7 Severability

If any provision is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the minimum extent necessary. The remaining provisions shall remain in full force and effect.

13.8 Waiver

Any failure or delay by a party to exercise any right shall not constitute a waiver of that right. Any waiver must be made expressly in writing.

13.9 Notices

All notices must be in writing and delivered by hand, first-class post, or email to the addresses specified in the relevant Service Order or otherwise confirmed in writing. Notices are deemed received (i) immediately when delivered by hand; (ii) two business days after posting within the UK; or (iii) upon email transmission if sent before 17:00 on a business day (otherwise the next business day). This clause does not apply to legal service of proceedings.

13.10 Limitation of Liability

(i) The Company shall not be liable for any indirect, incidental, or consequential losses (including loss of profit, revenue, or opportunity).

(ii) The Company’s total liability for any claim shall not exceed the total Fees paid or payable by the Client for the relevant Services in the 12 months preceding the claim. Where the claim arises in the first year, the cap is the full 12-month contract value.

(iii) Nothing in this Agreement excludes liability for death, personal injury caused by negligence, fraud, or other liability that cannot be excluded under law.

(iv) The Client acknowledges that the Fees reflect this risk allocation and that Services are advisory in nature. The Client remains responsible for verifying and implementing recommendations.

13.11 Force Majeure

Neither party shall be liable for delay or failure to perform due to circumstances beyond its reasonable control (including acts of God, strikes, pandemics, war, government actions). Affected obligations are suspended for the duration of the force majeure. If such conditions continue for more than 60 days, either party may terminate with immediate effect. The Client shall pay for Services delivered up to termination.

13.12 Survival

Clauses relating to Fees, Confidentiality, IP, Liability, Governing Law, and Dispute Resolution shall survive expiry or termination of this Agreement.

14. Fairness Policy

If a project is completed materially faster than initially scoped, without changes or omissions by the Client, the Company may, at its sole discretion, offer a partial refund or credit toward future services. This is a goodwill gesture and not a contractually guaranteed entitlement.