Terms and conditions for domestic building works

LMDEC LTD | Version 2.1 | September 2026

These terms explain the scope of our work, how payments and changes are agreed, and what happens if work is delayed or a problem arises. Read them with your quotation and completed Project Schedule before accepting. Please raise anything you would like clarified or changed.

Key payment terms

Every project has valuations every 14 calendar days, or every 7 days if agreed. We invoice completed work on each valuation date. Pay within 5 calendar days of receiving a correct invoice and valuation. Our invoices deduct the agreed advance percentage from the first valuation. Work that can be valued now is not deferred until completion.

Non-staged projects up to and including £100,000 excluding VAT have a 30% advance. Projects above £100,000, or expressly programmed in stages, use the bands below. Each percentage applies to the entire agreed net stage value including allocated preliminaries. No additional whole-contract advance is payable. VAT is added at the applicable rate.

The advance is part of the price. It is credited proportionately from each valuation until fully recovered, with any remainder reconciled at completion. Normally only one stage advance remains uncredited. An agreed overlap of up to 21 days can allow two consecutive stage advances under clause 6.2.

Changes require agreement on scope, price and timing. Some prices are allowances or subject to measurement; your Price Schedule must identify them. Cancellation does not automatically forfeit your advance. The applicable rights and settlement are explained in clauses 18 and 19 and the cancellation notice.

1 Who we are and when these terms apply

1.1 We, us and LMDEC mean LMDEC LTD, company number 11635394, registered in England and Wales. Our registered office and correspondence address is Suite 173, Capital Business Centre, 22 Carlton Road, South Croydon, CR2 0BS. Email: info@lmdec.co.uk. Telephone: 020 4577 2001 or 07472 883901.

1.2 You means the individual consumer or consumers named in the Project Schedule. These terms are for domestic refurbishment, extension, loft conversion, basement and associated building work in England. Business, developer and landlord contracts require appropriate separate terms. Work in a higher-risk building requires project-specific arrangements for its regulatory and insurance requirements.

1.3 Your contract is with LMDEC LTD. A director, employee or representative does not give a personal guarantee merely by acting for the company. Any personal guarantee requires a separate express signed agreement. This does not exclude any personal liability imposed by law.

1.4 Nothing in these terms removes rights or liabilities that the law does not allow the parties to exclude. In particular, your statutory rights concerning reasonable care and skill, goods, remedies and unfair terms remain protected.

2 The contract and its documents

2.1 Our quotation is open for acceptance for 30 calendar days unless it states a different period. It identifies the scope, price basis, VAT, assumptions, exclusions and proposed programme. An estimate is an indication rather than a fixed price and will be clearly described as such. A website illustration or preliminary budget is not a final quotation.

2.2 A contract is made when you accept our final written quotation by signature or clear written acceptance, or by paying an advance specifically requested for it, after we have supplied the contract documents. We will confirm the agreement in a form you can keep, such as email with attachments. We will not treat silence or a general enquiry as acceptance.

2.3 The Contract comprises the accepted quotation, completed Project Schedule including Schedules A and B, any agreed Stage Schedule, dated Price Schedule, listed drawings and specification, these dated terms and subsequent agreed changes. We will supply the relevant documents before acceptance. You do not have to rely solely on a changeable website link.

2.4 An express project-specific amendment agreed by both parties takes priority over an inconsistent general term. Otherwise, the agreed order is the Project Schedule and agreed Stage Schedule, accepted quotation and Price Schedule, listed specification and drawings, then these terms. A discrepancy within or between technical documents must be raised and resolved before the affected work proceeds; it does not give either party a right to choose a different scope or price unilaterally.

2.5 This Contract uses the LMDEC terms and schedules identified in clause 2.3. JCT and other standard-form contract terms are not incorporated. Any inconsistent reference in a quotation must be removed or resolved by an express written amendment before acceptance. Updating our website does not change an existing Contract. Information about us or our services on which you relied, and which the law makes binding, is not excluded by an entire agreement statement.

2.6 Where two or more people sign as clients, each is responsible for the whole of the obligations undertaken together, including payment, rather than only a personal share. We cannot recover more than the total properly due. This is highlighted again in the Project Schedule. Each signatory must have authority for any person they claim to represent.

3 People design and statutory duties

3.1 Each party will identify its authorised representative and any limits on their authority. An architect or surveyor may approve prices or variations only to the extent you have authorised them. Our operatives and subcontractors are not authorised to agree a discount, waive payment or change the Contract unless we confirm that authority. Binding agreements and statutory rights are not defeated merely by a failure to follow the preferred recording procedure.

3.2 We will use competent people, suitable supervision and reasonable care and skill. We may use specialist subcontractors and remain responsible for the work we subcontract. You should route instructions concerning our work through our named representative.

3.3 The Project Schedule identifies responsibility for permanent design, structural engineering, temporary works design and waterproofing design. We are responsible for design that we undertake or subcontract and for our construction methods. We do not assume responsibility for the whole design merely because we coordinate installation. We must still raise problems a competent contractor should identify and comply with duties applying to our role.

3.4 Appointments under CDM 2015 and under the Building Regulations are identified separately, even where the same organisation holds both roles. A missing appointment does not remove duties allocated by law. We will perform the statutory duties that apply to us, including domestic client duties where those pass to us. These terms do not transfer our health and safety or building compliance duties back to you.

4 Scope approvals and assumptions

4.1 The quotation must describe the included work, finishes, quantities and reasonable making good. Work demonstrably included is not an extra simply because we omitted it from our internal costing. Additional rooms, upgrades or work outside the agreed scope require the change procedure in clause 8.

4.2 You will provide information you hold, or can reasonably obtain, about ownership, access rights, existing work, surveys, services, known defects and restrictions. We may reasonably rely on it, but this does not replace inspections, investigations or checks included in our scope or reasonably required of us.

4.3 The Project Schedule allocates applications, approvals and fees for planning, building control, listed building consent, freeholder consent, Party Wall matters, utility or sewer consents and highway permissions where relevant. We will not undertake affected work before necessary approvals and lawful access are in place. We cannot guarantee an authority or neighbour will approve a proposal.

4.4 You will arrange client-appointed designers and decisions in accordance with agreed dates and provide their approved information. If we are to make an application or manage an approval, that service and its price must be stated. A client obligation does not excuse our own failure to carry out work or compliance tasks for which we are responsible.

5 Price allowances and measurement

5.1 The original Contract Sum is the accepted price excluding VAT, including identified allowances and selected options but excluding unaccepted options. Consumer quotations show VAT and the total payable, or explain the calculation where it cannot reasonably be fixed. The applicable tax rate is determined by the supply and tax rules; no general promise of reduced VAT is made. Statutory tax changes will be applied only where they affect the amount legally payable.

5.2 A Fixed Price item is fixed for its stated scope. A Provisional Sum, or PS, is an estimated selling allowance for a defined package awaiting design, investigation or selection. A Prime Cost, or PC, allowance covers the stated supply items. A Remeasurable Item uses an agreed unit rate and actual measured quantity. Each open item must state its assumptions; an allowance is not an entitlement to an unlimited increase.

5.3 Before a PS package proceeds, we will present the proposed scope, price and programme effect for written agreement. Its agreed final selling value replaces the original allowance, with the difference added or credited. Works PS allowances include the overhead and profit basis stated in the Price Schedule. Fees expressly passed through at cost carry no percentage addition.

5.4 Where both parties expressly agree a cost-based valuation, qualifying direct cost is increased by 25% for overhead and profit unless a different percentage is stated in the Project Schedule. Qualifying cost is agreed labour cost, materials, plant and specialist costs, excluding recoverable input VAT and net of relevant discounts and credits. It excludes costs already recovered elsewhere and costs of correcting our breach. A selling rate or subcontract package already including our overhead and profit is not marked up again.

5.5 PC purchases are reconciled to documented net supplier prices and stated delivery charges. Normal procurement is included once in the priced work or preliminaries. Any additional procurement fee must be stated prominently in the Price Schedule before acceptance or separately agreed before ordering. Changes that affect installation may require a separate agreed adjustment.

5.6 Remeasurement uses the method and unit rates in the Price Schedule, supported by records you may reasonably inspect. Fixed mobilisation and time-based hire are separated from quantity-related costs. We will notify likely overruns promptly and seek agreement before materially exceeding an assumed quantity. A substantial change to the stated conditions or dimensions requires an agreed revised rate, not automatic use of an unsuitable rate.

6 Advances and their recovery

6.1 Every project uses progress valuations under clause 7. For non-staged projects up to and including £100,000 excluding VAT, the advance is 30% of the original Contract Sum. It is due within 5 calendar days of receipt of its invoice after acceptance, before mobilisation, subject to cancellation rights. It is credited progressively under clause 6.4, with any uncredited advance deducted in the final account. Projects above £100,000, or expressly programmed in stages, use stage advances. Their Stage Schedule allocates each item and its share of preliminaries once, with values, milestones and dates. The quotation shows the advance, VAT and total payable.

6.2 Each stage advance uses the first-page band for its entire agreed net value. It is payable within 5 calendar days of invoice receipt before that stage starts, subject to cancellation rights. No whole-contract advance is added. Normally only one stage advance may remain uncredited. Where the accepted Stage Schedule programmes an overlap of up to 21 calendar days between two consecutive stages, we may invoice the next advance no earlier than 5 calendar days before its agreed start while the current advance is partly uncredited, provided the latest scheduled current-stage valuation and all required credits have been issued. We keep separate stage balances and allocate shared costs once. No more than two stage advances may remain uncredited under this exception. Any longer planned overlap or earlier funding requires a separate express agreement.

6.3 An advance is a payment on account, usable to fund the relevant work and commitments, with its uncredited balance shown on every statement. It is not an extra charge, automatically non-refundable fee, escrow deposit or separate trust fund. Its purpose, amount and progressive recovery are disclosed before acceptance.

6.4 From the first valuation on every project, we deduct the original advance percentage from the net value of new work and materials properly valued for that period, including agreed variations and allowance adjustments, after any separate procurement advance credit. Each deduction is limited to the uncredited advance actually received and the amount otherwise payable. Recovery continues until that advance is fully credited. A new progress invoice uses cumulative earned value less all cumulative advance credits, any agreed retention and net progress invoices already issued, with the applicable VAT adjustment. The same advance is not deducted again as a previous payment. Negative adjustments and completion balances are reconciled under clause 6.5.

6.5 We accelerate recovery if needed to prevent net receipts plus unpaid net invoices and a new net demand, including advances, exceeding the adjusted net project or stage price. Negative valuations require an appropriate credit, not a new advance demand. At project or stage completion, we reconcile any uncredited advance in the closing valuation. Any excess is applied to an agreed next-stage advance becoming due, with both entries shown, or refunded within 14 calendar days, subject only to sums lawfully due. No advance may be credited or retained twice. Cancellation or termination requires an earlier reconciliation. VAT is accounted for separately and any earlier statutory refund deadline takes priority.

6.6 Examples excluding VAT: a non-staged £90,000 project has a £27,000 advance. Nine progress valuations of £10,000 each receive a £3,000 advance credit each, leaving nine payments of £7,000. Total receipts are £27,000 plus £63,000, paid progressively. A £50,000 stage has a £10,000 advance. New work values of £20,000, £20,000 and £10,000 receive credits of £4,000, £4,000 and £2,000, leaving invoices of £16,000, £16,000 and £8,000. Total receipts are £50,000.

6.7 A variation does not automatically change an existing advance band or percentage, or create an extra advance. Any revised funding must be agreed. A separate procurement advance requires an agreed purpose, amount and full crediting method and must not duplicate existing funding. Its credit is taken before percentage recovery under clause 6.4, with any remaining general advance reconciled under clause 6.5. Stages remain parts of one Contract and do not create a free right to cancel future work.

6.8 We may reasonably defer mobilisation or an order dependent on an unpaid advance after explaining the effect. Revised dates and recoverable costs follow clauses 9 and 10. Our own rescheduling does not forfeit a refundable advance.

7 Progress valuations and payment

7.1 For every project, irrespective of value or staging, we issue progress valuations every 14 calendar days. The accepted Project Schedule or Stage Schedule may instead specify every 7 calendar days for the whole project or an identified phase, including underpinning. The cycle cannot be changed unilaterally. We issue each invoice on its valuation date, deducting the advance credit under clause 6. Payment of sums properly due must reach our account within 5 calendar days after you receive the correct invoice and supporting valuation; the invoice states the exact date. The same period applies to final accounts. If work finishes before the next scheduled valuation, we issue the closing valuation on completion with the remaining advance credits.

7.2 A valuation identifies cumulative work value, new value for the period, agreed variations, PS and PC adjustments, relevant measurement, previous valuations, the advance received, its credit for the period, cumulative credits, remaining advance and VAT. It separately identifies payments received and any overdue balance. An unpaid earlier invoice is not charged again as new work. The VAT calculation reflects VAT already charged on any advance being credited, so it is not charged twice.

7.3 Materials may be valued before incorporation only on the agreed basis in clause 13. A separate procurement advance is credited in full when those goods enter the valuation. Progress photographs may support the valuation but do not replace measurement or other appropriate evidence.

7.4 Please raise a disputed item promptly, ideally before the payment date, stating the amount and reasons. Pay the properly due undisputed balance on time. You retain lawful rights to proportionate withholding and set-off; a reporting deadline does not extinguish them. A minor invoice error that does not affect an identifiable undisputed amount does not defer that amount. We will correct material errors promptly.

7.5 There is no contractual retention unless its amount and release dates are expressly agreed in the Project Schedule. This does not restrict lawful withholding for defects or other claims. Payment, use of a room or agreement of an interim valuation does not constitute a waiver of latent defects or statutory rights.

7.6 Payments are by bank transfer to the account identified on our invoice. Verify a request to change bank details by calling a previously verified number. This precaution does not transfer liability for a security failure for which we are legally responsible.

8 Changes to the work

8.1 Either party may propose a change. Our written proposal will describe the scope, additions and omissions, VAT-inclusive price or agreed valuation basis, and the effect on sequencing and completion. Approval must be recorded by the authorised representatives before work proceeds. We will maintain a change register and provide copies.

8.2 Valuation will use an agreed lump sum, an applicable agreed selling rate, or an expressly approved cost basis under clause 5.4. A blank rate field is not a zero rate or authority to charge any figure. We will provide a quotation where no rate or basis has been agreed. Daywork requires agreed rates and time or cost records.

8.3 You must approve selections and changes in time for agreed procurement and installation dates. We will identify decision deadlines with reasonable notice. Delay or inability to agree does not automatically make you responsible for all costs; we will explain entitlement, effect and reasonable alternatives, and continue unaffected work where practicable.

8.4 For immediate risks to people or material damage, we may take the minimum reasonable protective measures without prior price approval where it is not practicable to obtain it. We will contact you as soon as possible and keep records. Any charge must be reasonable and legally recoverable; correcting a risk caused by our breach is not automatically a payable variation.

8.5 We will not knowingly carry out unlawful or unsafe instructions. A request to omit work after acceptance may affect unavoidable commitments and the pricing of the remaining work. We will explain and agree the adjustment; an omission is not a basis for duplicate recovery or an arbitrary penalty.

9 Late payment and suspension

9.1 If a sum properly due and not reasonably disputed remains unpaid after its payment date, we may give a written notice identifying the default, amount, payment method and intended action. The notice will allow at least 7 clear calendar days after receipt to remedy it. Clear days exclude the day of receipt and the day action begins.

9.2 If the identified default is not remedied, we may proportionately suspend affected work and associated orders, after making the site safe. We will avoid unnecessary loss and resume within a reasonable time after payment and safe remobilisation. Recovery is limited to reasonable additional cost and time actually caused by the default, under clause 10. We cannot demand the whole price of unperformed work merely to resume.

9.3 Simple interest may be charged on an overdue amount properly due and not reasonably disputed at 3 percentage points a year above the Bank of England Bank Rate in force from time to time. It is calculated daily on the unpaid amount, without compounding. Recovery costs are limited to reasonable amounts lawfully recoverable. This is a contractual rate, not an assertion of an automatic commercial-debt entitlement against a consumer.

9.4 We may also pause affected work immediately where reasonably necessary to address an immediate safety hazard, unlawful work or withdrawal of essential lawful access. We will notify you promptly and seek a proportionate solution. Such a pause does not automatically create a right to additional payment or remove liability for our own breach.

9.5 Where Part II of the Housing Grants, Construction and Regeneration Act 1996 applies, mandatory payment, notice, adjudication and suspension requirements take priority and the applicable statutory Scheme operates where required. The Project Schedule must contain any necessary compliant payment provisions. The residential occupier exemption in section 106 must be assessed for the actual Contract; it is not assumed merely because you are a consumer.

10 Programme delay and additional time

10.1 We will agree a planned start and completion date or period, together with necessary starting conditions. We will proceed diligently with appropriate resources. Dates are not open-ended. Where no completion date is agreed, we must complete within a reasonable time. An expressly agreed essential deadline will be identified in the Project Schedule.

10.2 A reasonable extension may be due for an agreed change, late client information or access, an approval delay outside our responsibility, genuinely unforeseeable conditions, or exceptional events outside reasonable control which could not reasonably be avoided or overcome. Ordinary foreseeable weather, normal procurement lead times, insufficient staffing and delays caused by our breach are not automatic grounds for an extension.

10.3 We will give prompt notice of the cause, affected activities, expected delay, mitigation and any proposed revised date, updating you as information improves. An extension is limited to the actual effect on completion. Overlapping delays must be assessed on their facts without double recovery. The parties will agree a reasonable adjustment or use the dispute procedure.

10.4 Additional time does not itself entitle us to additional money. Where your change or breach causes recoverable extra cost, we will substantiate unavoidable labour, plant, storage, protection, remobilisation and site overhead costs, deduct savings and avoid duplication with existing allowances or rates. No automatic hourly penalty applies. Any percentage addition must be expressly agreed and must not recover overhead or profit twice.

10.5 If an exceptional event outside both parties’ reasonable control prevents substantially all work for 30 consecutive calendar days, the parties will review a workable revised programme. If no reasonable solution is agreed, either may terminate on 7 clear calendar days’ written notice. The settlement covers work and reasonable unavoidable commitments properly attributable to it, less payments and recoveries, without automatic profit on unperformed work. Your earlier statutory remedies for our breach remain available.

11 Access occupation and other contractors

11.1 The Project Schedule records working hours, access, parking, deliveries, storage, utilities, welfare facilities and responsibility for related costs. You will provide the access and facilities you have agreed and keep valuables, children and pets outside controlled work areas. We remain responsible for organising safe work and appropriate segregation.

11.2 If the home remains occupied, the agreed occupation plan must identify usable rooms, cooking and washing facilities, escape routes, temporary services and planned interruptions for each phase. We will give reasonable notice of interruptions and minimise them. No undertaking is made that every room or service can remain available throughout structural work.

11.3 Unsafe occupation cannot continue merely because the Contract assumes residence. If a safe arrangement cannot be achieved, the affected phase must pause while a lawful solution is agreed. Responsibility for necessary temporary accommodation is recorded in the Project Schedule. You are not automatically charged for consequences of our defective planning or breach.

11.4 Tell us about client-appointed contractors and deliveries before they attend. Their programme, access and interfaces must be agreed so that work remains safe. We are responsible for our coordination duties, but do not warrant the workmanship of contractors you employ independently. Documented extra work or delay they cause is assessed under clauses 8 and 10.

11.5 Neither party may subject the other’s people to violence, threats or serious harassment. We may withdraw people from an immediate threat, secure the affected area where safe and give notice seeking a remedy. Any suspension or termination must be proportionate to the circumstances.

12 Existing conditions and specialist work

12.1 The quotation and investigations schedule record the information available and surveys included. Concealed structural defects, unidentified services, asbestos, contamination, unusual groundwater or obstructions outside the agreed assumptions may require investigation or additional work. We will protect the affected area, provide evidence and seek agreement. We cannot charge extra for a condition we knew, should reasonably have identified within our duties, or had already undertaken to allow for.

12.2 Excavation, underpinning and temporary works require suitable design, sequencing, inspections and records. The Price Schedule must define relevant bay dimensions, depths, reinforcement, measured quantities, disposal assumptions, access, plant and hire periods. A price per bay is not a price for a bay of unlimited size. Overlapping excavation or disposal quantities must not be counted twice.

12.3 Basement waterproofing must identify the design responsibility, required performance, chosen system, drainage, pumps, alarms, backup arrangements, commissioning, maintenance and any specialist warranty. No guarantee beyond the agreed specification and applicable legal duties is implied by a generic description such as tanking. This does not reduce our responsibility to achieve the agreed result with compliant work.

12.4 For asbestos, contaminated waste, protected features, public sewers or similar controlled work, the appropriate specialist and permissions must be in place. Their scope and price will be stated or agreed. We will comply with waste and environmental duties that apply to us and provide relevant records for our disposal activities.

13 Materials orders and ownership

13.1 We supply the products, grades and finishes agreed. Where an item becomes unavailable, we will propose a suitable alternative with its price and programme effect for approval. We will not substitute a materially different product without agreement. Matching existing or natural materials is subject to the reasonable variation and matching limits explained before selection.

13.2 Before a made-to-order or non-returnable order, we will seek written approval of its specification, measurements, price, lead time and relevant cancellation terms. We remain responsible for measurements or specifications undertaken by us. Supplier restrictions do not remove your statutory rights or make every order automatically non-refundable.

13.3 Unincorporated materials may be valued only if the Contract expressly allows this, they are identified for the project and their condition, storage and insurance are appropriate. Off-site payments require reasonable evidence of identification, insurance and effective ownership protection or equivalent agreed security. A promise by us cannot transfer title we do not have. Separate advances and prior material payments must be credited so the same goods are not paid for twice.

13.4 Ownership of identified goods passes when we have received payment for them and can lawfully transfer title, or when the law otherwise requires. We retain title only to unpaid, unincorporated goods to which we actually hold title. We will not remove fixtures, damage the property or enter without consent or lawful authority. This clause creates no automatic lien or charge over your home. We remain responsible for goods in our custody to the extent required by the Contract and law.

13.5 Client-supplied products must meet the agreed specification and arrive by agreed dates. We will report apparent defects or incompatibility a competent installer should identify. We are not responsible for an inherent defect we did not cause and could not reasonably detect, but remain responsible for our handling, installation and advice. Extra handling, alteration or return visits outside the agreed scope require an agreed price.

14 Completion handover and the final account

14.1 We will notify you when work is ready for a joint completion inspection and provide a proposed list of outstanding items. Practical completion is assessed reasonably against the agreed scope, lawful intended use, essential commissioning and certification. It does not depend solely on either party’s discretionary signature.

14.2 Minor defects which do not materially affect use may be recorded with reasonable rectification dates. Substantial unfinished work or missing safety-critical certification prevents practical completion. A completed section may be handed over separately only on an agreed basis identifying access, care, insurance, remaining work and the relevant defects period.

14.3 We will provide the handover information within our scope: operating and maintenance instructions, relevant test results, statutory certificates, warranties and building control information. Third-party certification remains subject to the issuer’s lawful requirements, and we must perform our own obligations needed to obtain it. Documents that must legally be provided are not withheld as payment leverage.

14.4 The final account reconciles the original price, agreed changes, measurements and allowances, all advances, valuations, payments and any agreed retention. We must invoice work that can properly be valued at each regular cycle; payment must not be deferred to create a large completion balance. A final invoice covers only new work since the previous valuation and proper final adjustments which could not reasonably have been valued earlier, less any remaining advance credit. It does not reinvoice previous claims; unpaid invoices remain listed separately with their original due dates. The properly due final balance is payable under clause 7, subject to lawful proportionate withholding. We will explain and correct substantiated errors; valuations and accounts do not override statutory rights.

15 Defects and maintenance

15.1 For 12 months after practical completion of the relevant work, we will rectify defects for which we are responsible without charge, within a reasonable time appropriate to their urgency. This contractual rectification period is additional to legal rights and does not shorten any applicable limitation period or end liability for latent defects.

15.2 Report a defect promptly, with helpful details or photographs, and allow reasonable access to investigate and put it right. A late report does not automatically cancel a claim. We are not responsible for additional loss to the extent it results from an unreasonable failure to report or mitigate a problem.

15.3 Give us a reasonable opportunity to remedy our work before appointing others, except where urgent protection is necessary, we have failed to act within a reasonable time, or your legal rights otherwise permit it. Nothing requires you to tolerate unsafe conditions or lose a statutory remedy.

15.4 We are not responsible for fair wear, misuse, or damage caused by unrelated alterations or inadequate maintenance after appropriate instructions have been given. These exclusions apply only to the extent those matters caused the problem. Non-payment or an unrelated third-party alteration does not automatically void protection for our defective work.

15.5 Manufacturer and specialist warranties are provided on their stated terms and alongside, not instead of, rights against us where we supplied the relevant goods or services. Required servicing of pumps, drainage, heating or other equipment will be explained at handover. A maintenance omission does not excuse an unrelated installation defect.

16 Responsibility and recoverable loss

16.1 We are responsible for loss and damage caused by our breach, negligence or other actionable fault to the extent the law requires. This includes foreseeable damage to your home and possessions. A loss is foreseeable where it was obvious or both parties knew, when contracting, that it might result.

16.2 We are not responsible for an existing defect, third-party act or client-supplied design or product merely because it is present on the project. We remain responsible to the extent our acts, omissions, failure to warn or work caused or worsened the loss. We will record relevant existing conditions where reasonably appropriate.

16.3 Both parties must take reasonable steps to limit loss. A claim must reflect causation, actual recoverable loss and relevant savings, and must not compensate the same loss twice. We are not liable for losses that the law treats as too remote. Where services are supplied for domestic and private use, business use and any unusual financial exposure must be disclosed before acceptance so the parties can agree an appropriate scope and risk allocation.

16.4 Any project-specific limitation must be separately and prominently agreed, fair in its context and legally permissible. Insurance limits are not automatically contractual limits on liability.

16.5 Nothing excludes or restricts liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, statutory obligations concerning goods or services that cannot be excluded, duties under the Defective Premises Act 1972 where applicable, or other liability the law does not permit us to exclude.

16.6 Where your breach causes us loss, we may recover only amounts to which the Contract and law entitle us, supported by a reasonable calculation and subject to mitigation. There is no general client indemnity for our own errors or for every third-party claim arising at the property.

17 Insurance arrangements

17.1 We will maintain public liability insurance and employers’ liability insurance as legally required and appropriate to the work undertaken. The Project Schedule records the agreed limits and evidence of cover. We will supply relevant evidence on request and notify you of any material change affecting the project.

17.2 Before work starts, the parties must agree who insures the existing structure, contents and contract works, including any required joint names arrangements. You should notify your property insurer of the proposed work and occupation arrangements. We will provide reasonably required project information and fulfil the insurance responsibilities allocated to us.

17.3 Basement work, underpinning, structural alterations, neighbouring property risks and any non-negligent damage cover require specific consideration with the insurers. We will not assume a general policy automatically covers them. Work dependent on necessary cover will not begin until the agreed arrangements are in place. A missing or declined insurance claim does not extinguish contractual or statutory liability.

18 Your cancellation rights

18.1 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 normally give a right to cancel an eligible distance or off-premises contract. Regulation 6(1)(e) excludes a contract to the extent it is for the construction of new buildings, or the construction of substantially new buildings by the conversion of existing buildings. An ordinary basement, loft conversion or extension to an existing home is not excluded merely because it involves substantial building work. The Project Schedule records how the Contract is made and its classification. We supply applicable cancellation information and the form before acceptance in a durable medium. An on-premises contract does not ordinarily carry this statutory cooling-off right.

18.2 Where the right applies to a service contract, the normal cancellation period ends 14 calendar days after the contract date. A contract legally classified as a sale of goods, including some contracts with installation, can have a period linked to delivery instead. The cancellation notice explains this. An error in a stated date does not shorten your statutory period or any extension arising from missing information.

18.3 We will not begin services within an applicable cancellation period unless you expressly request it, recorded in a durable medium for an off-premises contract. If you then cancel, any charge for services is limited to the legally recoverable proportion supplied and depends on the required request and information having been given. It is not automatically every cost we have incurred.

18.4 For a service contract, the cancellation right is lost on full performance during that period only where the law’s requirements for prior express consent and acknowledgment have been met. Starting work alone does not remove the right. The early-start form contains separate choices and is not a condition of accepting a quotation with a later start.

18.5 Any statutory exception for bespoke goods, urgent repairs or another category applies only to the extent legally justified. Ordering materials does not automatically remove the cancellation right for the whole building Contract. Refunds, goods returns and any lawful deduction are dealt with under the applicable rules and cancellation notice.

18.6 Outside a statutory cancellation right, you may ask to end the Contract. The settlement must reflect completed work and demonstrable loss directly caused by cancellation, including unavoidable commitments and lost net profit only where legally recoverable. We deduct payments, unused advances, saved costs, refunds, resale proceeds and relevant replacement work. We must mitigate and provide a calculation. No fixed percentage cancellation penalty applies.

19 Termination and closing the account

19.1 Either party may terminate for the other’s material breach where the law permits. Normally, the terminating party must first give a written notice describing the breach and allowing at least 7 clear calendar days to remedy it, or a longer reasonable period where the remedy genuinely needs it. The right arises only if the breach remains sufficiently serious. Immediate rights available under law are preserved.

19.2 An unpaid invoice can justify action only to the extent payment is properly due and not reasonably disputed. Persistent failure to provide agreed access or essential decisions may justify termination after the notice process where it materially prevents performance. We cannot terminate simply to take a more profitable project or for an immaterial breach.

19.3 On termination, we will reasonably secure the work, account for identified paid materials, return access items and cooperate with an orderly handover of information we must provide. We may remove our tools and unpaid unincorporated goods only with consent or lawful authority, without damage. Each party must mitigate and preserve relevant records.

19.4 We will provide an itemised closing account, normally within 14 calendar days where information is available, with an explanation and update if third-party costs are outstanding. It will credit all payments and recoveries. Any refund due will be made promptly and within any statutory deadline. Disputed claims and damages are not made conclusively payable merely by our invoice.

19.5 If termination results from our breach, you retain your remedies, including legally recoverable completion costs and losses. If it results from your breach or discretionary cancellation, we retain our lawful claim under clause 18.6. If it results from the exceptional-event process in clause 10.5, that clause governs the settlement. No route permits double recovery.

20 Complaints and dispute resolution

20.1 Send complaints to info@lmdec.co.uk, for the attention of the Director, with the project reference and a description. You may also contact us by telephone or post. We aim to acknowledge within 3 working days and provide a substantive response within 10 working days. If investigation needs longer, we will explain why and give an update date. These targets do not restrict your legal remedies.

20.2 We will first seek a practical resolution through discussion and, where useful, a joint inspection. If unresolved, we will consider a suitable independent mediation or ADR process. Where we are required or willing to use an available ADR arrangement, our final response will identify it, explain how to access it and state relevant participation terms. We will comply with the applicable ADR information requirements and use a provider lawfully able to deliver the service.

20.3 You are not required by these terms to accept compulsory arbitration or give up access to court. Statutory adjudication remains available where the legislation applies; otherwise it requires a separate valid agreement. An attempt at negotiation or ADR does not automatically stop a legal limitation period running.

20.4 English and Welsh law governs the Contract. The courts of England and Wales have jurisdiction, subject to any mandatory consumer right to bring proceedings elsewhere or rely on other protection. A final account, inspection report or decision by our own representative is not binding determination of a dispute.

21 Records notices and other provisions

21.1 Working days mean Monday to Friday excluding public holidays in England. Calendar days include weekends and holidays. Payment uses calendar days. Notices go to the addresses and designated emails in the Project Schedule or a replacement notified in writing. A notice must identify the Contract, reason and intended action.

21.2 Email may be used for ordinary notices where receipt can reasonably be evidenced. A failed-delivery message is not receipt. Suspension or termination should also be sent by a reliable second method if receipt is uncertain. Notice periods run from established receipt; we will not rely solely on an artificial instant-delivery assumption. Court documents and statutory notices must follow their applicable service rules.

21.3 You may use project designs and information we are entitled to license for completing, operating, maintaining and repairing this project. After payment for the relevant design services, this permission is irrevocable for those purposes, subject to third-party rights disclosed before agreement. During performance, you have the permission reasonably needed for the Contract. There is no right to reuse our design on another project without agreement, and no restriction that unlawfully obstructs your remedies.

21.4 We may make project records and photographs for administration, quality, safety and legitimate legal purposes in accordance with our privacy notice. Marketing use involving identifiable people, an address or your private home requires separate appropriate permission. Agreement to the works is not blanket marketing consent. Our privacy notice is at https://lmdec.co.uk/privacy-policy/.

21.5 Neither party may transfer the whole Contract to another person without the other’s written agreement, which must not be unreasonably withheld where appropriate protection is available. This does not prevent our permitted use of subcontractors or a lawful assignment of a debt that does not reduce your defences or consumer rights.

21.6 No person who is not a party gains a right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999 unless expressly agreed. A failure to enforce a right immediately does not by itself waive it. An invalid term is ineffective only to the extent required, and the rest continues so far as practicable. Any ambiguity is interpreted in accordance with consumer law, not automatically in our favour.

Cancellation information

This notice applies where the Consumer Contracts Regulations 2013 give you a right to cancel. Your Project Schedule identifies the Contract and relevant classification. It does not reduce a right given by law. LMDEC LTD can be contacted at info@lmdec.co.uk or Suite 173, Capital Business Centre, 22 Carlton Road, South Croydon, CR2 0BS; telephone 020 4577 2001.

How long you have

For a service contract, you normally have until the end of 14 calendar days after the day the Contract is made to cancel without giving a reason. For a contract legally classified as a sale of goods, the normal period ends 14 calendar days after you, or a person you nominate other than the carrier, takes physical possession. Where one order is delivered in separate goods, lots or pieces, the relevant period normally runs from the last delivery. Any longer period arising from missing statutory information remains available.

The building exception in regulation 6(1)(e) covers construction of new buildings, or construction of substantially new buildings by conversion of existing buildings. Ordinary basement works, loft conversions and extensions are not excluded merely because they involve substantial building work. Other exceptions can apply to particular bespoke goods or the limited urgent repairs specifically requested. We will identify any applicable exception and its legal basis before acceptance. An exception for one item does not automatically remove rights for unrelated work.

How to cancel

Send a clear statement of your decision by email or post to the contact above. You may use the supplied cancellation form, but using it is optional. Identify the project and the goods or services concerned. Sending your notice before the applicable deadline is sufficient; keep evidence of sending.

Refunds and early services

Where you validly exercise the right, we will refund payments due back, including any basic outward delivery charge required by law, within 14 calendar days after being informed. We use the original payment method unless you expressly agree another method, and charge no refund fee. Any lawful adjustment for early services or goods is explained below.

If you expressly requested services to begin during the cancellation period and received the required information, you may have to pay a proportionate amount for services supplied up to cancellation. The calculation uses the agreed total price or, if excessive, the market value of what was supplied. Where the legal conditions for charging were not met, no such service charge is made. Full performance removes a service-contract cancellation right only where the required prior consent and acknowledgment were obtained.

Goods where the return rules apply

Unless we agree to collect them, return goods without undue delay and within 14 calendar days after notifying cancellation. We will provide return arrangements. You bear direct return costs only if this was properly disclosed before the Contract; for goods not normally returnable by post, we must have supplied the required cost estimate. Where the law requires us to collect goods delivered to your home under an off-premises contract and not normally returnable by post, we do so at our expense.

For goods, we may lawfully withhold the refund until they are returned or you provide evidence of return, whichever is earlier, unless we offered collection. We may deduct only a legally permitted reduction in value caused by handling beyond what was necessary to establish their nature, characteristics and functioning, and only where required information was supplied. These goods provisions do not authorise removal of installed fixtures or override rights concerning defective goods.

Cancellation form

Use this form only if you wish to cancel. You may instead send any clear cancellation statement. Send it to LMDEC LTD at info@lmdec.co.uk or the correspondence address in the cancellation notice.

I/we give notice that I/we cancel the contract identified below for the stated goods or services.

Project reference and property address: ________________________________________

Goods or services being cancelled: ________________________________________

Date of agreement and date of goods receipt if relevant: ________________________________________

Consumer name or names and address: ________________________________________

Signature if submitted on paper and date sent: ________________________________________

Optional request to start services early

Complete this part only if you want services to start before an applicable cancellation period ends. Leave the choices blank if you prefer a later start. This request does not change the agreed scope or price. Return a signed or electronically confirmed copy and keep it with the Contract.

Project reference and requested start date: ________________________________________

Specified services to start during the cancellation period: ________________________________________

[ ] I expressly request LMDEC to begin the services identified above before my cancellation period ends. I understand that, if I cancel, I may have to pay the legally recoverable proportion for services supplied before cancellation, provided the required information and other legal conditions have been met.

[ ] If full performance of the service contract is proposed during that period, I expressly consent to full performance and acknowledge that I lose the service-contract cancellation right once it has been fully performed, subject to the applicable legal requirements.

Client name signature or clear electronic confirmation and date: ________________________________________

These choices do not waive rights concerning defective goods or services. Any exception for particular bespoke goods requires its own legally justified explanation; it is not created by signing this request.