MCS Renovations Ltd - Terms and Conditions
Effective from 25th June 2026. These Terms and Conditions apply to contracts formed on or after that date. Contracts formed before that date remain governed by the terms in force at the time they were formed.
MCS Renovations Ltd
124 City Road, London, EC1V 2NX
sales@mcsrenovations.com www.mcsrenovations.co.uk
Company No. 16169699 Federation of Master Builders Member No. 170434
These Terms and Conditions apply to all quotations, estimates, proposals, pre-construction services, mobilisation arrangements, building works, renovation works, extension works, refurbishment works, project management services and associated services carried out by MCS Renovations Ltd.
Please read these Terms and Conditions carefully before accepting a quotation, paying a deposit, instructing pre-construction work, or allowing works to commence.
1. Definitions
In these Terms and Conditions, the following words and phrases have the meanings set out below:
"MCS Renovations Ltd", "MCS", "we", "us" or "our" means MCS Renovations Ltd.
"Customer", "Property Owner", "you" or "your" means the person, people or entity instructing MCS Renovations Ltd to provide services or carry out works.
"Contract" means the agreement between the Customer and MCS Renovations Ltd, including the accepted quotation, proposal, scope of works, payment schedule, drawings, specifications, written amendments, variations and these Terms and Conditions.
"Works" means the building works, renovation works, extension works, refurbishment works, repair works, structural works, landscaping or external works, project management services, pre-construction services, mobilisation services and any other services agreed in writing.
"Pre-Construction Services" means any work carried out before physical works start on site, including planning, coordination, pricing, re-pricing, document preparation, consultant liaison, site logistics, programme planning, mobilisation planning, supplier enquiries, subcontractor coordination and general project administration.
"Variation" means any change to the agreed scope, specification, drawings, materials, finishes, sequencing, access, programme, working method, client selections or other matter affecting the price, timing or delivery of the Works.
"Programme" means the schedule of works, construction programme or timetable for the Works, as issued or revised in writing by MCS Renovations Ltd from time to time.
"Hiatus" means a planned pause in the Works provided for in the Contract or in an agreed Programme, typically to allow the Customer time to arrange funding.
"Practical Completion" means the stage at which the Works are complete for practical purposes, subject only to minor snagging or minor outstanding items that do not prevent reasonable use of the Works.
"Snagging" means minor defects, omissions or finishing items within the agreed scope of Works which require correction after Practical Completion.
"Client-Supplied Items" means any items, materials, fixtures, fittings, appliances, finishes, tiles, flooring, sanitaryware, radiators, ironmongery, lighting, kitchen units, worktops or other items supplied directly by the Customer.
"Authorised Representative" means the single individual nominated by the Customer under clause 12 to give and receive instructions on the Customer's behalf.
2. Application of These Terms
2.1 These Terms and Conditions apply to all work carried out by MCS Renovations Ltd unless expressly agreed otherwise in writing.
2.2 By accepting a quotation, paying a deposit, instructing us to proceed, requesting pre-construction work, approving a start date, making a payment, or allowing works to commence, the Customer agrees to be bound by these Terms and Conditions.
2.3 These Terms and Conditions are intended to be fair, proportionate and commercially reasonable. Nothing in these Terms and Conditions affects the Customer's statutory rights.
2.4 Where the Customer is a consumer, these Terms and Conditions shall be interpreted in a way that is consistent with applicable consumer protection legislation, including the Consumer Rights Act 2015.
3. Contract Documents and Order of Priority
3.1 The Contract may include the following documents:
a. the accepted quotation, proposal or estimate;
b. the agreed scope of works or schedule of works;
c. the payment schedule;
d. the construction Programme and any revised Programme;
e. drawings, plans, specifications and structural information;
f. planning, Building Control, Party Wall or consultant documents where applicable;
g. written variations;
h. email confirmations;
i. WhatsApp confirmations;
j. pre-construction, mobilisation, postponement, hiatus or pause agreements where applicable; and
k. these Terms and Conditions.
3.2 If there is any inconsistency between the Contract documents, the following order of priority shall apply unless expressly agreed otherwise in writing:
a. any later written agreement, written variation or revised Programme issued by MCS Renovations Ltd and accepted under clause 33, whether or not signed;
b. the accepted quotation or proposal;
c. the agreed scope of works or schedule of works;
d. the payment schedule;
e. drawings, specifications and consultant documents;
f. these Terms and Conditions;
g. general email, WhatsApp or other written correspondence.
3.3 Verbal discussions, informal conversations and site comments shall not change the Contract unless confirmed in writing by MCS Renovations Ltd.
3.4 Written confirmation may include email, WhatsApp, text message, formal variation document, revised quotation, revised Programme, invoice item, payment schedule update or other written communication from MCS Renovations Ltd.
4. Quotations, Estimates and Proposals
4.1 MCS Renovations Ltd will provide the Customer with a written quotation, estimate or proposal before the main Works commence.
4.2 Unless expressly stated otherwise, quotations are valid for the period stated on the quotation. If no period is stated, the quotation is valid for 30 days.
4.3 A quotation is based on the information available to MCS Renovations Ltd at the time it is prepared.
4.4 The quoted price may be revised where there are changes to:
a. the scope of Works;
b. drawings or specifications;
c. structural requirements;
d. Building Control requirements;
e. planning conditions;
f. Party Wall requirements;
g. site conditions;
h. access arrangements;
i. working hours;
j. client selections;
k. client-supplied materials;
l. material, labour or subcontractor costs;
m. statutory requirements;
n. third-party requirements; or
o. any matter outside the reasonable control of MCS Renovations Ltd.
4.5 Unless expressly stated otherwise in writing, any quotation assumes:
a. free and reasonable access to the property;
b. uninterrupted working;
c. reasonable working hours;
d. timely Customer decisions;
e. timely Customer payments;
f. timely availability of Client-Supplied Items;
g. accurate drawings and information;
h. no hidden defects;
i. no abnormal ground conditions;
j. no asbestos or hazardous materials;
k. no unexpected structural complications;
l. no unresolved planning, Building Control, Party Wall, neighbour, utility or statutory issues.
5. Formation of Contract
5.1 A Contract is formed when the Customer accepts a quotation, proposal or estimate issued by MCS Renovations Ltd.
5.2 Acceptance may take place by:
a. signing a quotation or proposal;
b. confirming acceptance by email;
c. confirming acceptance by WhatsApp or text message;
d. verbally confirming acceptance and then making payment;
e. paying a deposit;
f. paying a mobilisation payment;
g. paying a pre-construction invoice;
h. instructing MCS Renovations Ltd to proceed; or
i. allowing MCS Renovations Ltd to start work.
5.3 Once the Contract is formed, the Customer is responsible for complying with these Terms and Conditions, including payment obligations, access obligations, decision-making obligations and cooperation obligations.
6. Cooling-Off Rights and Early Start Instructions
6.1 Where the Customer is a consumer and the Contract is made away from MCS Renovations Ltd's business premises, online, by email, by telephone, or otherwise at a distance, the Customer may have a statutory 14-day cancellation period.
6.2 If the Customer wishes to cancel during any applicable cancellation period, the Customer must notify MCS Renovations Ltd in writing.
6.3 If the Customer asks MCS Renovations Ltd to begin any work, pre-construction services, ordering, mobilisation, consultant coordination, programme reservation, document preparation or other services during the cancellation period, the Customer agrees that MCS Renovations Ltd may charge a reasonable amount for services performed before cancellation.
6.4 Where materials are specially ordered, bespoke, custom-made, manufactured to specification, or cannot reasonably be returned, the Customer may be responsible for the cost of those items if cancellation occurs after ordering.
6.5 Nothing in these Terms and Conditions removes or limits the Customer's statutory rights.
7. Deposits, Holding Deposits and Mobilisation Payments
7.1 MCS Renovations Ltd may require a deposit, holding deposit, mobilisation payment, pre-construction payment or advance payment before committing labour, management time, subcontractors, consultants, programme space, materials, plant, administration or project-start resources.
7.2 Unless expressly stated otherwise in writing, a deposit is not simply a payment for physical building work on site.
7.3 A deposit may be used towards one or more of the following:
a. reserving programme availability;
b. reserving labour availability;
c. reserving subcontractor availability;
d. management time;
e. pre-construction administration;
f. reviewing drawings and information;
g. consultant coordination;
h. preparing or revising schedules of works;
i. preparing or revising payment schedules;
j. pricing and re-pricing;
k. ordering or reserving materials;
l. booking plant, skips, suppliers or subcontractors;
m. mobilisation planning;
n. commercial risk and opportunity cost in holding a project slot;
o. customer communication and project administration;
p. start-date planning and site logistics; and
q. other reasonable pre-start costs incurred or allocated by MCS Renovations Ltd.
7.4 A deposit, pre-construction payment or mobilisation payment is a separate item. It does not count toward, reduce, offset or substitute for any weekly payment, stage payment or other instalment due under the payment schedule, unless expressly stated in writing.
7.5 A deposit may become non-refundable to the extent that MCS Renovations Ltd has incurred costs, allocated time, reserved labour, turned away other work, undertaken pre-construction services, ordered materials, committed subcontractors, or otherwise acted in reliance on the Customer's instruction.
7.6 MCS Renovations Ltd shall not treat a deposit as a penalty. Any sum retained shall be a genuine and reasonable reflection of costs, commitments, losses, administration, reservation, mobilisation or pre-construction services already incurred or allocated.
7.7 If MCS Renovations Ltd cancels the project without Customer fault and no chargeable pre-construction, ordering, reservation or mobilisation costs have been incurred, the deposit shall be refunded.
7.8 If chargeable services, costs, commitments or losses have already been incurred before cancellation, MCS Renovations Ltd may deduct a reasonable amount before refunding any balance.
8. Pre-Construction Services Are Chargeable
8.1 The Customer acknowledges that MCS Renovations Ltd may carry out substantial work before physical site commencement.
8.2 Pre-Construction Services may include, without limitation:
a. reviewing drawings, plans, structural information and specifications;
b. liaising with architects, engineers, Building Control, Party Wall surveyors, planning consultants, suppliers or subcontractors;
c. preparing or revising scopes of works;
d. preparing or revising payment schedules;
e. arranging site logistics;
f. reviewing access, parking, storage, protection and welfare requirements;
g. obtaining supplier or subcontractor input;
h. attending site meetings;
i. pricing, re-pricing or value engineering;
j. preparing construction sequencing;
k. mobilisation planning;
l. dealing with statutory or compliance matters;
m. preparing project documents;
n. customer communication; and
o. project administration.
8.3 Pre-Construction Services are chargeable services in their own right, whether or not the main construction Works ultimately proceed.
8.4 If the Customer delays, pauses, cancels, postpones, changes funding arrangements, fails to proceed, or appoints another contractor after MCS Renovations Ltd has carried out Pre-Construction Services, MCS Renovations Ltd may invoice for the reasonable value of those services.
8.5 MCS Renovations Ltd may also invoice for any consultant, supplier, subcontractor, administration, mobilisation, reservation or abortive costs incurred or committed before cancellation, postponement or failure to proceed.
9. Start Dates, Programme Reservation and Delayed Commencement
9.1 Any proposed start date is given in good faith and is based on the information available at the time.
9.2 A start date is subject to:
a. payment of all sums due;
b. receipt of required information;
c. receipt of required drawings and specifications;
d. planning readiness;
e. Building Control readiness;
f. Party Wall readiness where applicable;
g. structural information being available;
h. materials and Client-Supplied Items being ready;
i. access being available;
j. Customer selections being made;
k. funding being available;
l. no unresolved dispute or complaint;
m. no unresolved statutory or third-party issue; and
n. no event outside the reasonable control of MCS Renovations Ltd.
9.3 MCS Renovations Ltd is not obliged to hold a start date, labour team, subcontractor team, supplier slot or programme allocation indefinitely.
9.4 If the Customer requests a postponement, is not ready to start, has unresolved funding, has not provided required decisions or information, or otherwise causes delay, MCS Renovations Ltd may:
a. revise the start date;
b. reprogramme the Works;
c. place the project behind other committed works;
d. charge reasonable administration, reprogramming and mobilisation costs;
e. revise the Contract price to reflect current labour, material and subcontractor costs;
f. require payment of outstanding sums before recommencement; and/or
g. withdraw from the project if the delay makes the project commercially or operationally unviable.
9.5 If the start date is delayed by more than 14 days due to Customer delay, MCS Renovations Ltd may issue a revised Programme and revised pricing where reasonably necessary.
9.6 If the start date is delayed by more than 28 days due to Customer delay, MCS Renovations Ltd may require a written recommencement agreement before proceeding.
9.7 If the start date is delayed by more than 56 days due to Customer delay, funding delay, lack of decisions, lack of information, unresolved permissions, or failure to provide access, MCS Renovations Ltd may terminate the Contract and invoice for all sums properly due.
10. Working Hours, Access and Site Conditions
10.1 Unless otherwise agreed in writing, MCS Renovations Ltd's normal working hours are Monday to Friday between 9:00am and 5:00pm.
10.2 MCS Renovations Ltd may occasionally work outside these hours, including until 6:00pm or on Saturdays, where this is reasonably required and agreed with the Customer where appropriate.
10.3 The Customer must provide free, safe and reasonable access to the property for workers, subcontractors, suppliers, deliveries, plant, skips, machinery and materials.
10.4 The Customer must ensure that access is not obstructed by vehicles, personal belongings, neighbours, tenants, occupiers, pets, locked gates, parking restrictions or other preventable issues.
10.5 If access is not available when required, MCS Renovations Ltd may charge for wasted attendance, labour, subcontractor time, delivery costs, plant costs, administration, reprogramming and remobilisation.
10.6 The Customer is responsible for notifying MCS Renovations Ltd of any site restrictions, parking restrictions, access restrictions, neighbour issues, permit requirements, estate rules, landlord requirements or other matters that may affect the Works.
11. Customer Responsibilities
11.1 The Customer must cooperate with MCS Renovations Ltd and must provide timely decisions, instructions, information, payments, access and approvals.
11.2 The Customer must not unreasonably delay, obstruct, interfere with, or disrupt the Works.
11.3 The Customer must ensure that all information provided to MCS Renovations Ltd is accurate and complete to the best of the Customer's knowledge.
11.4 The Customer is responsible for obtaining all permissions, approvals and consents unless MCS Renovations Ltd has expressly agreed in writing to provide or coordinate them.
11.5 The Customer must not directly instruct MCS Renovations Ltd's workers, subcontractors, suppliers or consultants unless authorised by MCS Renovations Ltd.
11.6 Any direct instruction given by the Customer to a worker, subcontractor, supplier or consultant may be treated as a Variation or Customer-caused disruption.
12. The Customer's Authorised Representative
12.1 Where more than one person is named as Customer, or where family members, advisers, agents or other persons participate in project communications on the Customer's behalf, the Customer shall nominate in writing a single Authorised Representative to give and receive instructions, approvals and decisions.
12.2 The nomination should be given before the Works commence. The Customer may change the nomination at any time by written notice, taking effect from the date it is received.
12.3 Until a nomination is given, and in respect of any person the Customer permits to participate in project communications, MCS Renovations Ltd may rely on any instruction, approval, agreement, objection or engagement given by any named Customer or by any such person.
12.4 The Customer may not afterwards disclaim an instruction, approval or agreement on the basis that it was given by a person other than the Authorised Representative, where MCS Renovations Ltd acted reasonably and in good faith on it and had not been notified otherwise in writing beforehand.
12.5 Where MCS Renovations Ltd issues a document, programme, variation, price or notice to a project group, chat, email thread or other channel in which the Customer participates, it is treated as issued to the Customer.
13. Planning, Building Control, Party Wall and Third-Party Matters
13.1 Unless expressly stated otherwise in writing, the Customer is responsible for obtaining and maintaining all required:
a. planning permissions;
b. lawful development certificates;
c. Building Control approvals;
d. Party Wall notices or awards;
e. structural engineering information;
f. landlord consents;
g. freeholder consents;
h. leaseholder consents;
i. neighbour permissions;
j. utility approvals;
k. build-over agreements;
l. Thames Water or other statutory approvals;
m. scaffold licences;
n. skip permits;
o. parking suspensions;
p. highway licences; and
q. other statutory or third-party approvals.
13.2 Where the Contract expressly includes any of the above within MCS Renovations Ltd's scope, MCS Renovations Ltd will appoint, instruct and coordinate them and the cost is included in the Contract price as stated.
13.3 Where MCS Renovations Ltd assists with coordination, communication, administration or handling of matters not expressly included, that assistance is a chargeable service.
13.4 MCS Renovations Ltd is not responsible for delays, additional costs, redesign, specification changes, programme disruption or third-party requirements caused by planning, Building Control, Party Wall surveyors, structural engineers, statutory authorities, utility providers, neighbours, landlords, freeholders or other third parties.
13.5 If Building Control, a structural engineer, planning condition, Party Wall surveyor, utility provider or statutory body requires a change to the Works, that change shall be treated as a Variation unless already expressly included in the agreed scope.
14. Reliance on Drawings, Surveys and Information
14.1 MCS Renovations Ltd may rely on drawings, surveys, specifications, structural information, planning documents, Building Control documents and other information supplied by the Customer, the Customer's consultants or third parties.
14.2 MCS Renovations Ltd is not responsible for checking the accuracy, completeness or suitability of third-party information unless expressly engaged in writing to do so.
14.3 If drawings, specifications, surveys or consultant information are inaccurate, incomplete, late, unclear or unsuitable, any resulting delay, redesign, re-pricing, additional labour, additional materials, rework or programme disruption shall be treated as a Variation or Customer risk item.
15. Variations and Changes to the Works
15.1 A Variation includes any change to the agreed scope, specification, drawings, finishes, materials, structural requirements, Building Control requirements, planning requirements, access, sequencing, working hours, client selections or any other matter affecting price, programme or delivery.
15.2 No Variation is included in the Contract price unless confirmed in writing by MCS Renovations Ltd.
15.3 Variations may be confirmed by formal variation form, email, WhatsApp message, revised quotation, revised Programme, updated schedule, invoice item or other written confirmation.
15.4 MCS Renovations Ltd may require payment in advance for Variations, particularly where materials, subcontractors, specialist labour or programme changes are required.
15.5 If urgent works are required for safety, protection, compliance, Building Control, structural integrity, weather protection or to prevent damage, MCS Renovations Ltd may proceed and charge a reasonable amount, provided the Customer is informed as soon as reasonably practicable.
15.6 Customer requests for "small extras", "while you are here" items, finish upgrades, layout changes, additional repairs, extra preparation or specification changes are not included unless confirmed in writing by MCS Renovations Ltd.
16. Client-Supplied Items
16.1 Where the Customer supplies items, the Customer is responsible for ensuring that they are:
a. correct;
b. suitable;
c. available on time;
d. undamaged;
e. complete;
f. supplied with all required parts, fittings and instructions;
g. compliant with applicable regulations;
h. compatible with the agreed Works; and
i. suitable for installation.
16.2 Client-Supplied Items may include, but are not limited to: kitchen units; worktops; appliances; bathroom sanitaryware; shower trays; shower screens; shower valves; brassware; taps; tiles; flooring; radiators; towel rails; light fittings; switches and sockets; ironmongery; doors; specialist finishes; and decorative items.
16.3 MCS Renovations Ltd is not responsible for delays, defects, additional labour, return visits, redesign, rework or programme disruption caused by late, incorrect, damaged, unsuitable, incomplete or unavailable Client-Supplied Items.
16.4 If Client-Supplied Items delay the Works, MCS Renovations Ltd may charge for waiting time, reprogramming, remobilisation, additional visits, storage, protection, administration and any resulting extension of the programme.
16.5 If a Client-Supplied Item is defective, unsuitable or missing components, MCS Renovations Ltd may refuse to install it until the issue is resolved.
16.6 If a Client-Supplied Item is delivered after the relevant works or snagging have been completed, MCS Renovations Ltd may charge additional labour at the prevailing hourly rate to return and install the item.
17. Existing Structures, Hidden Defects and Unknown Conditions
17.1 MCS Renovations Ltd is not responsible for the condition, adequacy, compliance or performance of existing structures, foundations, walls, roofs, floors, services, boilers, plumbing, electrics, drainage, finishes, decorations, timber, windows, doors, frames, ground conditions or other existing elements unless expressly included in writing.
17.2 The Customer accepts that renovation, refurbishment and extension works carry inherent risk because existing buildings may contain hidden defects, unknown conditions or non-compliant previous works.
17.3 If MCS Renovations Ltd discovers rot, damp, defective timber, inadequate structure, asbestos, hazardous materials, defective services, unsuitable foundations, drainage issues, boiler capacity issues, utility complications or other unknown conditions, MCS Renovations Ltd may suspend the affected Works, seek instructions, obtain consultant advice where required, and issue a Variation.
17.4 MCS Renovations Ltd is not responsible for the presence of perished, rotten, defective or unsuitable materials in existing structures, whether detected or undetected at the time of quotation.
17.5 Any additional works required due to existing defects, hidden conditions, structural inadequacy, Building Control requirements or consultant requirements shall be chargeable unless expressly included in the agreed scope.
18. Boilers, Heating and Existing Services
18.1 MCS Renovations Ltd is not responsible for the suitability, capacity, compliance or condition of any existing boiler, heating system, plumbing system, electrical system, drainage system or other existing service unless expressly agreed in writing.
18.2 If an existing boiler, heating system, plumbing system, electrical system or drainage system is found to be unsuitable for the proposed Works, any required upgrade, alteration, repair or replacement shall be treated as a Variation.
18.3 If existing radiators, pipework, valves, fittings or other items are removed and refitted, MCS Renovations Ltd is not responsible for their future performance where the issue arises from age, condition, pre-existing defect, sludge, corrosion, poor previous installation or other existing system issue.
19. Asbestos and Hazardous Materials
19.1 Unless expressly stated otherwise in writing, asbestos surveys, asbestos testing, asbestos removal, hazardous material testing and hazardous material removal are excluded from the Contract price.
19.2 If asbestos or suspected hazardous material is discovered, MCS Renovations Ltd may stop the affected Works immediately.
19.3 The Customer shall be responsible for arranging appropriate testing, surveys, specialist removal and clearance unless MCS Renovations Ltd expressly agrees otherwise in writing.
19.4 Any delay, cost, reprogramming, remobilisation or additional work arising from asbestos or hazardous materials shall be treated as a Variation or Customer risk item.
20. Protection of Existing Surfaces and Customer Belongings
20.1 MCS Renovations Ltd shall take reasonable care when carrying out the Works.
20.2 Unless expressly included as a specific item in the quotation, the Customer is responsible for removing, protecting and securing furniture, valuables, sentimental items, fragile items, curtains, blinds, soft furnishings, electronics and personal belongings.
20.3 MCS Renovations Ltd may use reasonable dust sheets, temporary coverings or basic protection, but this does not amount to full professional protection of all existing surfaces unless expressly agreed and priced.
20.4 If the Customer requires enhanced protection, temporary walls, specialist floor protection, full dust-screening, storage, removal, packing or protection of contents, this must be agreed as an additional item.
20.5 MCS Renovations Ltd is not responsible for damage to items that the Customer has failed to remove, protect or secure where MCS Renovations Ltd has taken reasonable care.
20.6 The Customer is advised to keep valuables, jewellery, cash, sensitive documents and expensive items secure and away from the working area for the duration of the Works.
21. Customer Vehicles, Parking and Site Movement
21.1 An active construction site contains stored materials, plant, equipment, skips, excavations, deliveries and moving vehicles. The Customer, occupiers and visitors must treat the site as a hazard area at all times.
21.2 The Customer must comply with MCS Renovations Ltd's reasonable instructions regarding parking, vehicle movement, access routes and areas designated for material storage, plant or works.
21.3 The Customer must not park, drive, reverse or manoeuvre any vehicle within, across or adjacent to any area designated for material storage, plant, works, excavation or access.
21.4 Vehicles brought onto or adjacent to the site by the Customer, occupiers or visitors are there at their own risk.
21.5 MCS Renovations Ltd is not liable for damage to any such vehicle caused by the driver's own manoeuvring, or by contact with stored materials, plant, skips, scaffolding, equipment, excavations or site works, where MCS Renovations Ltd has taken reasonable care and where reasonable instructions or warnings had been given.
21.6 The Customer is liable for any damage caused by the Customer, occupiers or visitors to MCS Renovations Ltd's materials, plant, equipment, scaffolding, temporary works or completed works, and for any resulting delay, rework, replacement or remobilisation cost.
22. Materials, Ownership, Storage, Removed Items and Waste
22.1 Materials and equipment delivered to site by MCS Renovations Ltd remain the property of MCS Renovations Ltd until paid for in full.
22.2 The Customer shall provide reasonable space for the storage of materials, plant and equipment, and shall not move, use, remove, sell, damage or dispose of them.
22.3 Risk in materials delivered to site passes to the Customer where the Customer has been paid for or has taken control of them, or where loss or damage is caused by the Customer, occupiers, visitors or third parties.
22.4 Unless otherwise agreed in writing, materials removed from site as part of the Works may be disposed of by MCS Renovations Ltd.
22.5 If the Customer wishes to retain any removed materials, fixtures, fittings or items, this must be agreed in writing before removal.
22.6 MCS Renovations Ltd is not responsible for storing, protecting or preserving removed items unless expressly agreed in writing.
22.7 Waste disposal, skips and rubbish removal are included only to the extent stated in the quotation.
23. Subcontractors, Suppliers and Site Management
23.1 MCS Renovations Ltd may use employees, subcontractors, suppliers and consultants to deliver the Works.
23.2 MCS Renovations Ltd shall remain responsible for managing the Works within the agreed scope, subject to these Terms and Conditions.
23.3 The Customer shall not directly instruct MCS Renovations Ltd's subcontractors, suppliers or workers unless authorised by MCS Renovations Ltd.
23.4 Any direct instruction given by the Customer to a subcontractor, worker or supplier may be treated as a Variation or Customer-caused disruption.
23.5 MCS Renovations Ltd may change subcontractors, suppliers or workers where reasonably necessary for programme, availability, quality, safety or commercial reasons.
24. Payments, Invoices and Payment Schedule
24.1 The Customer shall pay the Contract price in accordance with the agreed payment schedule.
24.2 Payment stages may include deposits, weekly payments, stage payments, advance payments, completion payments, variation invoices, material payments, mobilisation payments or other agreed milestones.
24.3 Where the payment schedule provides for weekly or stage payments in advance, those payments fund the labour, materials, plant and subcontractors required for the period to which they relate. MCS Renovations Ltd does not order or commit materials for a period ahead of receiving the payment for that period.
24.4 Invoices are payable by the due date stated on the invoice.
24.5 If no due date is stated, payment is due within 3 calendar days of the invoice date.
24.6 Payment by bank transfer is preferred.
24.7 MCS Renovations Ltd may issue invoices before, during or after the relevant stage depending on the agreed payment schedule.
24.8 The Customer must not delay payment because of minor snagging, minor outstanding items, personal preference changes, disputed extras unrelated to the invoice, or matters outside the agreed scope.
24.9 If the Customer disputes part of an invoice, the undisputed part must still be paid by the due date.
25. Allocation of Payments
25.1 MCS Renovations Ltd shall allocate sums received in the following order, unless expressly agreed otherwise in writing:
a. pre-construction, mobilisation and reservation sums;
b. deposits;
c. weekly or stage payments, in the order in which they fell due;
d. variation invoices;
e. materials and Client-Supplied Item handling charges;
f. suspension, remobilisation, administration and interest charges;
g. any other sums due.
25.2 For the avoidance of doubt, and consistent with clause 7.4, deposits, pre-construction payments and mobilisation payments are separate items. They do not count as, reduce, offset or substitute for any weekly payment or stage payment.
25.3 MCS Renovations Ltd shall maintain a written record of sums received, the date received and the allocation applied. The Customer may request a copy of that record at any time and MCS Renovations Ltd will provide it within a reasonable period.
25.4 Any dispute as to the number of payments made or their allocation shall be resolved by reference to that record and to the Customer's own bank records.
26. Non-Payment, Suspension and Interest
26.1 MCS Renovations Ltd may suspend all or part of the Works if any invoice, stage payment, weekly payment, deposit, mobilisation payment, variation payment or other sum remains unpaid after its due date.
26.2 Suspension for non-payment shall not make MCS Renovations Ltd liable for delay, and the programme shall be adjusted accordingly.
26.3 Before recommencement following non-payment, MCS Renovations Ltd may require payment of:
a. all overdue sums;
b. reasonable suspension costs;
c. reasonable remobilisation costs;
d. wasted labour, subcontractor, plant or supplier costs;
e. administration costs;
f. any revised Programme; and
g. any revised payment terms reasonably required.
26.4 If the Customer fails to pay any sum by the due date, MCS Renovations Ltd may charge interest at 4% per annum above the Bank of England base rate, calculated daily from the due date until payment.
26.5 In addition to interest, MCS Renovations Ltd may charge a reasonable fixed administration fee to cover the cost of suspending the Works, standing down and rescheduling labour and subcontractors, rescheduling deliveries, and remobilising. This fee is currently £250 per suspension event. It reflects a genuine estimate of the administrative cost incurred and is not a penalty.
26.6 MCS Renovations Ltd may also recover reasonable costs of recovering overdue sums, including administration time, legal fees, court fees and collection costs, so far as recoverable by law.
26.7 Failure to pay sums properly due may constitute a material breach of Contract and may entitle MCS Renovations Ltd to continue suspension, recover reasonable costs and/or terminate the Contract.
27. Protective Suspension / All Stop Procedure
27.1 MCS Renovations Ltd may implement a temporary protective suspension of the Works, referred to internally as an "All Stop", where continuing with the Works would be commercially, practically, legally, financially, operationally or professionally inappropriate until an issue has been investigated, resolved and documented.
27.2 The purpose of an All Stop is to:
a. prevent unnecessary escalation of cost;
b. avoid further Works being carried out against unclear instructions;
c. protect both parties from avoidable disagreement;
d. preserve evidence and clarify responsibility;
e. allow time for investigation, review and agreement;
f. prevent further labour, subcontractor or material costs being incurred unnecessarily;
g. protect the quality and integrity of the Works;
h. allow complaints or concerns to be reviewed properly; and
i. ensure that the Works only continue once the issue has been properly resolved.
28. When MCS Renovations Ltd May Implement an All Stop
28.1 MCS Renovations Ltd may implement an All Stop where any of the following occurs:
a. the Customer advises that the project must pause due to funding, cash flow, mortgage release, loan delay, remortgage delay, sale proceeds or other financial issue;
b. the Customer fails to make decisions, selections or approvals in time to maintain the programme;
c. the Customer fails to provide Client-Supplied Items, fixtures, fittings, materials, information or access required for the Works;
d. an invoice, stage payment, weekly payment, deposit, variation, mobilisation payment or other sum remains unpaid when due;
e. the Customer raises significant dissatisfaction, complaint or dispute that reasonably requires investigation before further Works proceed;
f. the Customer threatens legal action, financial withholding, chargeback, complaint escalation, reputational harm or formal proceedings before Practical Completion;
g. formal documents, complaint letters, solicitor correspondence, adjudication threats, Trading Standards complaints, insurer correspondence or similar communications are received before handover or completion;
h. the Customer instructs or requests changes which materially affect price, programme, specification or sequencing;
i. there is uncertainty around planning, Building Control, Party Wall matters, structural requirements, statutory approvals, utilities, neighbour access, parking, scaffolding, skips, licences or other third-party requirements;
j. site conditions, hidden defects, existing structural issues, damp, rot, asbestos, hazardous materials, utilities or other unforeseen matters make it unsafe, inappropriate or commercially unreasonable to proceed without review;
k. access to the property is restricted, unsafe, obstructed or inconsistent with the agreed programme;
l. the Customer, occupiers, neighbours or third parties interfere with the Works, subcontractors, suppliers, programme or site management;
m. the working relationship has materially broken down;
n. the Customer refuses to agree a necessary Variation, revised specification, revised Programme or reasonable resolution required for the Works to continue properly;
o. continuing the Works may prejudice either party's position in a dispute; or
p. any other matter arises which MCS Renovations Ltd reasonably considers requires a pause, investigation, written agreement or revised instruction before Works continue.
29. Notice and Effect of All Stop
29.1 Where reasonably practicable, MCS Renovations Ltd shall notify the Customer in writing that an All Stop has been implemented.
29.2 The notice may set out:
a. the reason for the All Stop;
b. the date and time from which the All Stop applies;
c. the information, payment, decision, access, agreement or action required from the Customer;
d. any immediate safety, protection or temporary works required;
e. any likely cost, programme or remobilisation consequence; and
f. the steps required before Works can recommence.
29.3 During an All Stop:
a. MCS Renovations Ltd may suspend all or part of the Works;
b. MCS Renovations Ltd shall not be liable for delay caused by the All Stop where it results from Customer delay, non-payment, lack of information, lack of access, unresolved dispute, funding issues, third-party delay or matters outside MCS Renovations Ltd's reasonable control;
c. the programme shall be extended by a reasonable period;
d. MCS Renovations Ltd may reallocate labour, subcontractors, suppliers or management resources to other projects;
e. MCS Renovations Ltd shall not be obliged to keep labour or subcontractors idle at its own cost;
f. any return to site shall be subject to availability and reasonable remobilisation; and
g. MCS Renovations Ltd may require a written recommencement agreement before resuming Works.
29.4 Before the Works stand down under an All Stop, MCS Renovations Ltd will take reasonable steps to leave the site safe, secure and weatherproof to a standard appropriate to the stage reached.
30. Payments During an All Stop
30.1 The implementation of an All Stop does not suspend the Customer's obligation to pay sums properly due.
30.2 Before Works recommence, MCS Renovations Ltd may require:
a. payment of all outstanding invoices;
b. payment for Works completed to date;
c. payment for materials ordered or delivered;
d. payment for Variations instructed;
e. payment for Pre-Construction Services, administration, management or consultant coordination already carried out;
f. payment of reasonable remobilisation costs;
g. payment of reasonable wasted labour, subcontractor, plant, skip, supplier or management costs caused by the issue giving rise to the All Stop; and
h. agreement of any revised price, Programme, payment schedule or scope.
30.3 Any sums claimed by MCS Renovations Ltd during or following an All Stop shall be reasonable, proportionate and connected to the relevant issue, cost, loss, service or commitment.
31. Resolving an All Stop
31.1 The parties shall use reasonable endeavours to resolve the issue giving rise to the All Stop.
31.2 Unless otherwise agreed, the Customer shall provide any required response, information, payment, decision, access arrangement or proposed resolution within 7 days of the All Stop notice.
31.3 If the issue is not resolved within 14 days, MCS Renovations Ltd may:
a. issue a revised Programme and price;
b. require a recommencement agreement;
c. continue the suspension;
d. demobilise from site;
e. place the project behind other committed work; and/or
f. terminate the Contract in accordance with these Terms and Conditions.
31.4 MCS Renovations Ltd shall not be required to recommence Works until:
a. the cause of the All Stop has been resolved;
b. all outstanding invoices have been paid;
c. any necessary revised scope, Programme, price or payment schedule has been agreed;
d. required information, approvals, access, Client-Supplied Items and decisions have been provided;
e. remobilisation arrangements have been agreed; and
f. MCS Renovations Ltd has confirmed a recommencement date in writing.
31.5 The All Stop procedure is intended to be a fair and proportionate protective mechanism. It is not intended to punish the Customer. MCS Renovations Ltd shall only claim costs that are reasonable, evidenced where appropriate, and connected to the issue giving rise to the All Stop.
32. Planned Programme Hiatus
32.1 Where the Contract or an agreed Programme provides for a planned pause in the Works (a "Hiatus"), typically to allow the Customer time to arrange funding for a later phase, this clause applies.
32.2 Commencement date. The Hiatus shall commence on the date stated in the most recent Programme issued by MCS Renovations Ltd and accepted under clause 33. Where the Contract and a later Programme give different dates, the later Programme prevails.
32.3 Bringing the Hiatus forward. If the Customer wishes the Hiatus to commence earlier than the date stated in the current Programme, the Customer must give MCS Renovations Ltd not less than fourteen days' written notice. Notice takes effect from the date it is received.
32.4 Payments during the notice period. All weekly payments, stage payments and other sums falling due before the Hiatus commences remain payable in full and on time. The giving of notice does not suspend or reduce any payment obligation.
32.5 Failure to give notice. If the Customer brings the Hiatus forward, or stops or withholds payment in order to bring it forward, without giving the required notice, MCS Renovations Ltd may treat this as a Customer pause under clause 43 and may recover its reasonable costs accordingly, including wasted labour, subcontractor commitments, plant, skips, demobilisation, storage, administration and programme disruption.
32.6 Standing the site down. Before the Works stand down, MCS Renovations Ltd will make the site safe, secure and weatherproof to a standard appropriate to the stage reached, including covering exposed wall tops, sealing cavities and protecting completed works where reasonably practicable. This is included in the Contract price where the Hiatus commences on the date stated in the current Programme.
32.7 Risk and insurance during the Hiatus. The property, the site and all works in progress remain at the Customer's risk during the Hiatus. The Customer is responsible for maintaining suitable property and site insurance throughout and for notifying their insurer of the pause.
32.8 Recommencement. The Customer must give MCS Renovations Ltd not less than twenty-eight days' written notice of the intended recommencement date. MCS Renovations Ltd will confirm a recommencement date in writing, subject to labour, subcontractor and programme availability. MCS Renovations Ltd is not obliged to hold labour or programme space open during a Hiatus.
32.9 Extended Hiatus. If the Hiatus exceeds ninety days, MCS Renovations Ltd may issue a revised Programme and revised pricing to reflect current labour, material and subcontractor costs, require a written recommencement agreement, or withdraw from the project under clauses 42 and 43.
32.10 Deterioration during the Hiatus. MCS Renovations Ltd is not responsible for weather damage, deterioration, vandalism, theft, settlement or other loss occurring during the Hiatus. Any resulting making good is chargeable as a Variation.
33. Programme, Revised Programmes, Delay and Extensions of Time
33.1 Any Programme, timescale or completion date is an estimate unless expressly stated to be fixed in writing.
33.2 MCS Renovations Ltd may issue a revised Programme in writing where reasonably necessary to reflect progress, sequencing, weather, procurement, statutory matters, Customer decisions, funding arrangements or any other relevant factor.
33.3 Acceptance of a revised Programme. Where MCS Renovations Ltd issues a revised Programme in writing, the Customer shall raise any objection in writing within five working days of issue. If:
a. no written objection is received within that period; or
b. the Customer engages with, discusses, relies upon or acts on the revised Programme; or
c. the Customer makes a payment after the revised Programme has been issued,
the revised Programme shall be treated as accepted, shall supersede the previous Programme, and shall take priority under clause 3.2(a).
33.4 A revised Programme accepted under clause 33.3 supersedes any inconsistent programme or schedule date in the original scope of works, including any Hiatus date, unless expressly stated otherwise.
33.5 MCS Renovations Ltd shall be entitled to a reasonable extension of time where delay is caused by:
a. Customer delay;
b. late payment;
c. late decisions;
d. late selections;
e. late Client-Supplied Items;
f. changes to the Works;
g. Variations;
h. hidden defects;
i. unknown site conditions;
j. weather;
k. supplier delay;
l. subcontractor delay outside MCS Renovations Ltd's reasonable control;
m. planning, Building Control, Party Wall or third-party delays;
n. neighbour issues;
o. utility delays;
p. access restrictions;
q. asbestos or hazardous materials;
r. structural engineer requirements;
s. statutory authority requirements;
t. a Hiatus or All Stop;
u. force majeure events; or
v. any other matter outside the reasonable control of MCS Renovations Ltd.
33.6 MCS Renovations Ltd is not responsible for costs, losses, inconvenience, alternative accommodation, loss of rent, loss of income or other consequential losses caused by delay unless expressly agreed in writing or required by law.
34. Practical Completion
34.1 Practical Completion occurs when the Works are complete for practical purposes, subject only to minor snagging or minor outstanding items that do not prevent reasonable use of the Works.
34.2 MCS Renovations Ltd may notify the Customer when Practical Completion has been reached.
34.3 Practical Completion may be deemed to have occurred if:
a. the Customer occupies or uses the Works;
b. the Customer moves furniture, belongings or equipment into the completed area;
c. the Customer allows others to work over or alter the Works;
d. the Works are capable of reasonable use;
e. only minor snagging remains; or
f. the Customer unreasonably refuses to acknowledge completion.
34.4 Minor snagging does not justify withholding substantial payment.
35. Snagging
35.1 The Customer shall provide a written snagging list within 7 days of Practical Completion.
35.2 MCS Renovations Ltd shall be given reasonable access and opportunity to inspect and remedy valid snagging items.
35.3 Snagging means minor defects, omissions or finishing issues within the agreed scope of Works.
35.4 Snagging does not include:
a. new works requested by the Customer;
b. changes in preference;
c. additional works;
d. damage caused by the Customer, occupiers, pets, visitors or third parties;
e. defects in Client-Supplied Items;
f. defects in existing structures;
g. movement, shrinkage or cracking caused by normal drying out;
h. manufacturer defects;
i. damage caused by follow-on trades not appointed by MCS Renovations Ltd;
j. lack of maintenance;
k. matters outside the agreed scope; or
l. items previously accepted, signed off or used by the Customer.
35.5 If the Customer prevents or delays access for snagging, MCS Renovations Ltd shall not be responsible for delay in completing snagging items.
36. Retentions, Snagging Balances and Withholding Payment
36.1 No retention may be deducted unless expressly agreed in writing before the Contract is formed.
36.2 No contractor, main-contractor, subcontractor, trade, referral, goodwill or other discount applies unless expressly agreed in writing by MCS Renovations Ltd.
36.3 The Customer may not withhold payment except to the extent permitted by law and only where the withheld amount is reasonable, proportionate and directly related to the disputed item.
36.4 The Customer may not withhold a disproportionate sum for minor snagging or minor outstanding items.
36.5 If a snagging balance is expressly agreed, it shall be limited to the amount stated in writing and shall become payable once MCS Renovations Ltd has completed or offered to complete the valid snagging items.
37. Workmanship Guarantee
37.1 MCS Renovations Ltd provides a five-year workmanship guarantee on new works carried out by MCS Renovations Ltd, subject to these Terms and Conditions, except where a shorter specific guarantee period is expressly stated in writing for a particular trade or element.
37.2 Manufacturer warranties apply to materials, products, appliances and fixtures where available. Where materials do not carry a manufacturer's warranty, a ten-year warranty will be applied. Where manufacturer warranties extend beyond this period, those warranties will be transferred to the Customer.
37.3 The workmanship guarantee does not cover:
a. existing structures;
b. existing services;
c. existing boilers or heating capacity;
d. Client-Supplied Items;
e. decorations after sign-off;
f. normal shrinkage, settlement or drying cracks;
g. misuse;
h. lack of maintenance;
i. accidental damage;
j. third-party damage;
k. defects caused by others;
l. works altered by others;
m. damp, rot, structural movement or hidden defects not caused by MCS Renovations Ltd;
n. manufacturer defects;
o. natural movement of buildings;
p. condensation, ventilation or heating issues not caused by MCS Renovations Ltd;
q. deterioration occurring during a Hiatus or All Stop; or
r. matters outside the agreed scope.
37.4 Decorations are signed off on completion and are not covered by the workmanship guarantee unless expressly agreed in writing.
37.5 Plastering and decorating are sensitive to drying, settlement, heating, ventilation and humidity. MCS Renovations Ltd may recommend that decorating is delayed to allow adequate drying and settlement.
37.6 If the Customer or a third party carries out works over, alters, damages or interferes with MCS Renovations Ltd's work, the guarantee may be affected.
37.7 MCS Renovations Ltd must be given reasonable opportunity to inspect and remedy any alleged defect before the Customer instructs others.
37.8 All warranties, certificates and documentation will be collated and issued to the Customer at project completion.
38. Insurance
38.1 MCS Renovations Ltd maintains public liability insurance and employers' liability insurance.
38.2 Details of insurance cover can be provided on request.
38.3 The Customer is responsible for notifying their home insurer before the Works commence and for ensuring that the property remains adequately insured during the Works, including during any Hiatus or All Stop.
38.4 MCS Renovations Ltd is not responsible for any issue arising from the Customer's failure to notify their insurer or maintain suitable property insurance.
39. Health and Safety
39.1 The Customer must not enter unsafe working areas without permission.
39.2 The Customer must keep children, pets, visitors and vulnerable persons away from working areas, tools, plant, materials, skips, scaffolding, excavations and hazardous areas.
39.3 MCS Renovations Ltd may suspend the Works if the site becomes unsafe or if the Customer, occupiers, visitors or third parties create unsafe conditions.
39.4 The Customer must comply with reasonable site safety instructions issued by MCS Renovations Ltd.
40. Parking, Neighbours and Site Logistics
40.1 The Customer is responsible for informing MCS Renovations Ltd of any parking restrictions, access restrictions, neighbour issues, estate rules, permit requirements, delivery restrictions or site limitations.
40.2 Unless expressly included in the quotation, the Customer is responsible for arranging and paying for parking permits, bay suspensions, skip permits, scaffold licences, highway licences and similar logistical requirements.
40.3 MCS Renovations Ltd is not responsible for delays or costs caused by neighbour objections, neighbour access refusal, parking enforcement, access restrictions, permit issues or local authority restrictions.
41. Customer Complaints and Disputes During Works
41.1 If the Customer has a concern or complaint, the Customer should notify MCS Renovations Ltd in writing as soon as reasonably possible.
41.2 MCS Renovations Ltd shall be given a reasonable opportunity to inspect, investigate and respond to the concern.
41.3 The Customer must not unreasonably prevent MCS Renovations Ltd from accessing the property to inspect or remedy any alleged issue.
41.4 Where a complaint, threatened legal action, formal document, payment withholding or serious dispute arises during the Works, MCS Renovations Ltd may implement the Protective Suspension / All Stop Procedure.
41.5 The Customer should not instruct others to remedy alleged defects before MCS Renovations Ltd has been given reasonable opportunity to inspect and remedy them, except in a genuine emergency.
41.6 MCS Renovations Ltd is a member of the Federation of Master Builders. Where a dispute cannot be resolved directly, either party may refer it to the Federation of Master Builders dispute resolution service.
42. Termination by MCS Renovations Ltd
42.1 MCS Renovations Ltd may terminate the Contract by written notice if:
a. the Customer fails to pay any sum due;
b. the Customer fails to provide access;
c. the Customer fails to provide decisions, information or Client-Supplied Items;
d. the Customer delays, pauses or postpones the project for a prolonged or open-ended period;
e. the Customer's funding is not available;
f. the Customer materially changes the scope without agreement;
g. the working relationship has broken down;
h. the Customer threatens or commences legal, financial or reputational action before allowing reasonable investigation and resolution;
i. the project becomes commercially, operationally or practically unviable due to Customer delay, uncertainty or conduct;
j. required approvals, permissions or third-party matters are not in place;
k. the Customer becomes insolvent or appears unable to pay sums due;
l. the Customer acts abusively, aggressively, threateningly or unreasonably towards MCS Renovations Ltd, its workers, subcontractors or suppliers;
m. the Customer prevents MCS Renovations Ltd from carrying out the Works properly;
n. an All Stop remains unresolved;
o. a Hiatus exceeds ninety days without an agreed recommencement date; or
p. any other material breach remains unremedied after reasonable notice.
42.2 Where appropriate, MCS Renovations Ltd shall give the Customer reasonable opportunity to remedy the breach before termination.
42.3 MCS Renovations Ltd may terminate immediately where the breach is serious, safety-related, involves abuse or threats, involves non-payment, or makes continuation commercially or practically unreasonable.
43. Customer Cancellation, Pause or Failure to Proceed
43.1 If the Customer cancels, pauses, postpones or fails to proceed after accepting the quotation, MCS Renovations Ltd may charge for all reasonable costs, services, commitments and losses incurred up to the date of cancellation, pause, postponement or failure to proceed.
43.2 These may include:
a. Works completed;
b. Pre-Construction Services;
c. management time;
d. pricing and document preparation;
e. consultant coordination;
f. materials ordered or committed;
g. supplier restocking fees;
h. subcontractor cancellation charges;
i. programme reservation;
j. mobilisation and demobilisation;
k. wasted labour or site attendance;
l. storage;
m. administration;
n. plant, skips, hire charges and delivery charges;
o. reasonable loss and expense; and
p. reasonable loss of profit on cancelled Works, where recoverable by law and reasonable in the circumstances.
43.3 MCS Renovations Ltd shall take reasonable steps to reduce avoidable loss where reasonably possible.
43.4 Where a pause is a Hiatus commencing on the date stated in the current Programme and the required notice under clause 32 has been given, MCS Renovations Ltd will not charge remobilisation or standing costs under this clause, save where the Hiatus exceeds ninety days.
44. Payments Following Termination or Cancellation
44.1 On termination, cancellation, pause, postponement or failure to proceed, MCS Renovations Ltd may invoice for:
a. Works completed;
b. materials ordered, delivered or committed;
c. subcontractor costs;
d. consultant costs;
e. plant, skips, storage and hire charges;
f. Pre-Construction Services;
g. mobilisation and demobilisation;
h. management and administration time;
i. reasonable loss and expense;
j. reasonable programme disruption costs;
k. labour reservation or wasted attendance costs where properly evidenced; and
l. any other reasonable costs incurred as a result of the Customer's instruction, delay, breach, cancellation or failure to proceed.
44.2 Any sums retained or charged following termination, cancellation, pause, postponement or failure to proceed shall be reasonable, proportionate and connected to losses, costs, commitments or services actually incurred or allocated.
45. Force Majeure and Events Beyond Control
45.1 MCS Renovations Ltd shall not be liable for delay or failure to perform caused by events outside its reasonable control.
45.2 Such events may include: severe weather; fire; flood; storm; pandemic; illness; accident; supplier delay; subcontractor unavailability outside MCS Renovations Ltd's reasonable control; material shortage; transport disruption; utility delay; statutory authority delay; planning delay; Building Control delay; Party Wall delay; neighbour interference; industrial action; war; civil unrest; government restriction; emergency; or any other event outside MCS Renovations Ltd's reasonable control.
45.3 Where such an event occurs, MCS Renovations Ltd shall be entitled to a reasonable extension of time and, where applicable, reimbursement of reasonable additional costs.
46. Limitation of Liability
46.1 MCS Renovations Ltd shall carry out the Works with reasonable care and skill.
46.2 MCS Renovations Ltd does not exclude or limit liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any liability that cannot lawfully be excluded. Nothing in these Terms and Conditions affects the Customer's statutory rights under the Consumer Rights Act 2015.
46.3 Subject to clause 46.2, MCS Renovations Ltd shall not be liable for:
a. loss of profit;
b. loss of income;
c. loss of rent;
d. loss of business;
e. loss of opportunity;
f. alternative accommodation costs;
g. inconvenience;
h. distress;
i. indirect loss;
j. consequential loss; or
k. losses caused by matters outside MCS Renovations Ltd's reasonable control,
unless expressly agreed in writing or required by law.
46.4 MCS Renovations Ltd is not responsible for defects, delays or losses caused by the Customer, third parties, existing structures, Client-Supplied Items, hidden defects, statutory authorities, consultants appointed by the Customer, or matters outside the agreed scope.
47. Photography, Video and Marketing
47.1 MCS Renovations Ltd may take photographs and videos of the Works for record-keeping, quality control, progress evidence, dispute protection, insurance, training and marketing.
47.2 MCS Renovations Ltd may use project photographs and videos in its portfolio, website, social media, case studies and marketing materials.
47.3 MCS Renovations Ltd shall take reasonable steps not to disclose sensitive personal information, private documents, security information, family images or clearly identifiable personal possessions without consent.
47.4 If the Customer does not want images used for marketing, the Customer must notify MCS Renovations Ltd in writing before the Works commence.
48. Data Protection and Confidentiality
48.1 MCS Renovations Ltd shall handle Customer information in accordance with applicable data protection law.
48.2 Customer details shall be used for purposes connected with quotations, project delivery, administration, accounts, communication, legal compliance, insurance, dispute resolution and legitimate business purposes.
48.3 MCS Renovations Ltd shall not sell Customer personal information to third parties.
49. Communications
49.1 The Customer agrees that MCS Renovations Ltd may communicate by email, telephone, WhatsApp, text message, letter or other reasonable written method.
49.2 Written instructions, approvals and confirmations may be given by email, WhatsApp or text message unless MCS Renovations Ltd requires a formal signed document.
49.3 Telephone calls may be recorded for training, quality, record-keeping and dispute resolution purposes.
49.4 The Customer is responsible for ensuring that MCS Renovations Ltd has up-to-date contact details.
49.5 Where more than one Customer is named or involved, clause 12 applies.
50. Notices
50.1 Formal notices under the Contract should be given in writing.
50.2 Notices may be sent by email, post, hand delivery or any other written method reasonably agreed between the parties.
50.3 A notice sent by email shall be treated as received on the same working day if sent before 4:00pm, or the next working day if sent after 4:00pm.
50.4 Where these Terms and Conditions require a period of notice, the period runs from the date the notice is received.
51. Dispute Resolution
51.1 If a dispute arises, the parties shall first try to resolve it through direct discussion and written communication.
51.2 MCS Renovations Ltd shall be given reasonable opportunity to inspect and remedy any alleged defect or issue before the Customer instructs others, except in a genuine emergency.
51.3 If the dispute cannot be resolved, either party may refer it to the Federation of Master Builders dispute resolution service, or the parties may agree to mediation or another form of alternative dispute resolution.
51.4 Nothing in this clause prevents either party from seeking urgent legal relief, commencing court proceedings, or using any dispute resolution process available by law.
52. Governing Law and Jurisdiction
52.1 These Terms and Conditions and any Contract between the Customer and MCS Renovations Ltd shall be governed by the law of England and Wales.
52.2 The courts of England and Wales shall have jurisdiction, subject to any mandatory consumer rights that apply.
53. Severability
53.1 If any clause or part of these Terms and Conditions is found to be invalid, unlawful or unenforceable, the remaining clauses shall continue in full force and effect.
53.2 Any invalid, unlawful or unenforceable clause shall be interpreted as closely as possible to its original commercial intention, so far as permitted by law.
54. Entire Agreement
54.1 The Contract represents the entire agreement between the Customer and MCS Renovations Ltd in relation to the Works.
54.2 The Customer must ensure that any important requirement, promise, assumption or expectation is recorded in writing before the Contract is accepted.
54.3 MCS Renovations Ltd shall not be responsible for assumptions or expectations that are not included in the written Contract documents.
55. Acceptance
55.1 The Customer accepts these Terms and Conditions by:
a. signing a quotation, proposal, contract, payment schedule or acceptance form;
b. confirming acceptance by email;
c. confirming acceptance by WhatsApp or text message;
d. paying a deposit;
e. paying a mobilisation payment;
f. paying a pre-construction invoice;
g. instructing MCS Renovations Ltd to proceed; or
h. allowing MCS Renovations Ltd to commence work.
55.2 Acceptance by payment of a deposit or instruction to proceed shall have the same effect as signature unless otherwise required by law.
Important Customer Notice
This section summarises some of the most important commercial points in plain English. It does not replace the full Terms and Conditions above.
You are entering a contract. By accepting a quotation, paying a deposit, instructing pre-construction work, or asking us to proceed, you are entering into a contract.
Deposits are not weekly payments. A deposit or pre-construction payment covers programme reservation, structural engineer, party wall surveyor, site surveys, Building Control, mobilisation, administration and project-start preparation. It is a separate item. It does not count as one of your weekly or stage payments, and it does not reduce them.
Pre-construction work is chargeable. If we prepare documents, liaise with consultants, review drawings, coordinate Building Control, revise pricing, plan mobilisation or reserve labour, those services may be charged even if the project later pauses or does not proceed.
Weekly payments fund that week's work. We do not order or commit materials for a week before we have received the payment for that week. A missed payment stops that week's work.
Revised programmes. If we issue a revised programme, tell us in writing within five working days if you disagree. If you do not, or if you engage with it or pay against it, it replaces the previous programme.
Planned pauses (a "Hiatus"). If your contract includes a planned break in the works to let you arrange funding, it starts on the date in the current programme. If you want it to start earlier, give us fourteen days' written notice. Payments falling due before it starts are still payable. To restart, give us twenty-eight days' written notice. We cannot hold labour open indefinitely, and if the break runs past ninety days we may need to reprice or reprogramme. The property stays at your risk and must stay insured throughout.
Nominate one person. If more than one of you is involved, tell us in writing at the outset who speaks for you. Until you do, we will act reasonably on what any of you tells us, and we cannot be expected to unpick it afterwards.
Vehicles on site. A live building site is a hazard area. Do not park or manoeuvre vehicles in areas used for storage, plant or works. Vehicles are there at your own risk.
Protective Suspension / All Stop. We may pause the works where there is non-payment, funding delay, unresolved complaint, missing decisions, missing materials, lack of access, legal threat, safety issue, hidden defect or another serious issue that needs resolving first.
Outstanding invoices must be paid. Works may be suspended for non-payment and may not restart until overdue sums and reasonable remobilisation costs are paid.
Variations must be confirmed in writing. Extra works, specification changes, Building Control changes, engineer changes and customer changes may affect price and programme.
Existing buildings carry risk. We are not responsible for hidden defects, existing structural issues, unsuitable boilers, rot, damp, asbestos, defective services or unknown conditions unless we caused the issue or expressly agreed to take responsibility.
Snagging does not mean non-payment. Minor snagging will be dealt with properly, but it does not justify withholding substantial sums.
Your statutory rights are unaffected. These Terms and Conditions are intended to be fair and proportionate. Nothing in them removes or limits your rights under the Consumer Rights Act 2015.
MCS Renovations Ltd | 124 City Road, London, EC1V 2NX | Company No. 16169699 | Federation of Master Builders Member No. 170434 | sales@mcsrenovations.com | www.mcsrenovations.co.uk