Standard Terms & Conditions
1 DEFINITIONS
1.1 In these terms and conditions D-Drill is D-Drill (Master-Drillers) Ltd and the Employer means the person, company or organisation with whom D-Drill is in contract.
1.2 "The Works" means the work contracted to be undertaken by D-Drill which is described on the D-Drill quotation.
1.3 “The Site” means the location or locations where the Works are carried out.
2 THE CONTRACT DOCUMENTS
2.1 Unless otherwise agreed in writing between D-Drill and the Employer the contract documents for a contract will consist of D-Drill’s quotation for the Works together with the Employer’s acceptance of it; D-Drill’s standard method statement, if provided; any drawings which are agreed by D-Drill to be included, and these terms and conditions together with the attached Schedule of Rates and Charges.
2.2 Unless otherwise agreed in writing before the Works are commenced these terms and conditions and no other will apply to the contract.
2.3 If there is any divergence between these terms and conditions and others which apply to the contract these terms and conditions will take precedence.
3 WORKS CONDITIONS
3.1 The contracted Work is for the work described in the quotation using the equipment identified therein. If any conditions encountered during the course of the work differ in any respects from either that described in the quotation or inferred from drawings or other documents provided to D-Drill, D-Drill reserves the right to amend the price for the works to reflect the changes in the conditions encountered. In addition if it becomes necessary for D-Drill to use different or additional resources to those identified in the quotation D-Drill also reserve the right to amend the prices originally quoted.
3.2 All works described in the quotation to be carried out in one visit unless otherwise agreed in writing before the Works are commenced. D-Drill will be entitled to reasonable additional payment for any unquoted additional visits.
3.3 Unless stated elsewhere in writing the Works will be undertaken during normal working hours (between 8:00am and 4:30pm). If it is necessary to work longer hours/day these will attract additional charges based on the rates stated in Clause 3.19.
3.4 If the value of work available per operative on any visit in normal working hours is less than the attached Schedule of Rates and Charges Daywork Rate 1 in value that minimum daily charge/operative will be applied.
3.5 The Employer shall give all instructions in writing. Any verbal instruction from the Employer will constitute an instruction in writing if it is confirmed to the Employer in writing by D-Drill. If such an instruction results in a variation to the Works such variation shall not vitiate the contract and the costs of such a variation shall be added to the value of the contract. Upon completion of the Works the Employer will sign a Works Completion Certificate. This will signify that the Employer has inspected the Works and that the Works are satisfactory. It will also signify that the Works described on the Works Completion Certificate will be paid for by the Employer.
3.6 A variation to the Works may include additions omissions substitutions alterations changes in quality form character kind position dimension level or line and changes in any specified sequence method or timing of construction required by the Contract.
3.7 Valuation of Variations
a) All authorised variations of the Works shall be valued in the manner provided by this Clause and the value thereof shall be added to or deducted from the price specified in the Quotation.
b) Wherever requested by the Employer D-Drill shall submit their quotation for the work as varied and their estimate of any delay. Wherever possible the value and delay consequences (if any) of each variation shall be agreed before the Order is issued or before work starts.
c) The value of all authorised variations shall be ascertained by reference to the rates and prices (if any), specified in the Quotation for the like or analogous work, but if there are no such rates or prices, or if they are not applicable, then such value shall be such as is fair and reasonable in all the circumstances taking into account any quotation for the varied work that may have been received from D-Drill.
d) Where D-Drill has been ordered in writing by the Employer to carry out any additional or substituted work on a daywork basis D-Drill shall be paid for such work under the conditions set out in the Daywork Schedule Included in these Terms & Conditions. Where any item of plant used to carry out this daywork is not identified in the Daywork Schedule D-Drill will be paid for that item of plant at the rates and prices included in the current “Schedule Dayworks for works carried out incidental to Contract Works" issued by the Civil Engineering Contractors Association.
3.8 Whilst all reasonable efforts will be made by D-Drill to reduce the amount of dust, debris or slurry generated by the Works D-Drill cannot accept responsibility for any effects which might be caused by dust, debris or slurry so generated.
3.9 Unless agreed otherwise in writing before the Works are commenced it is assumed that the site is free of any asbestos. Should asbestos be encountered at any time during the course of the Works and this asbestos causes the Works to be varied in any way D-Drill will be entitled to charge all reasonable costs incurred by them which result from asbestos being encountered.
3.10 Whilst D-Drill will make every effort to complete the Works in the shortest possible time it cannot accept responsibility for delays howsoever caused. Any timescales agreed for the carrying out of the Works are estimates only. Furthermore if the Works are in any way delayed for reasons outside the control of D-Drill or affected by adverse weather conditions D-Drill will be entitled to a reasonable extension of time for completion of their Works together with its reasonable costs attributable to that delay.
3.11 The Employer is responsible for providing and maintaining for the duration of the Works any protection necessary to safeguard any and all surfaces which might be affected by the Works.
3.12 The Employer is responsible for providing a representative who is empowered to give any necessary instructions and who will be available on site at all reasonable times.
3.13 Unless otherwise agreed in writing the Employer is responsible for all setting-out including the identification of all levels required to be worked to.
3.14 The Employer is responsible at no cost to D-Drill for the following:
a) Providing all necessary propping, safety barriers or signage which are considered necessary by either the Employer or D-Drill.
b) Providing anything considered necessary by D-Drill to provide a safe working environment for D-Drill to carry out its works.
c) Ensuring that all electricity, water and other services which might interfere with the Works are isolated and protected before the Works commence.
d) Protecting any surfaces, parts of the building, services or other’s equipment or materials which might otherwise be damaged in the course of the Works. Furthermore D-Drill is not responsible for any damage howsoever caused.
e) Providing safe, suitable and clear access to the working areas and providing suitable and safe working areas to allow the Works to progress.
f) Assistance for the safe positioning of D-Drill’s equipment.
g) All necessary propping, safety barriers and continuous attendances required to prevent accident or damage caused by falling cores or other material cut.
3.15 This quotation includes for cutting lightly reinforced concrete where “lightly reinforced” is defined as 1 no embedded steel bar per hole/linear metre up to a diameter of 6mm. All additional and larger diameter bars will be charged as stated in the Schedule of Rates and Charges attached. If exposed steel is required to be cut this will be charged as stated in the Schedule of Rates and Charges attached If the diameter of steel encountered is equal to or greater than 40% of the diameter of the core bit, the contract will be charged as stated in the Schedule of Rates and Charges attached. This quotation includes for cutting or drilling through concrete of strength up to 30N/mm with aggregate assumed to be river gravel or equivalent. If the concrete strength exceeds 30N/mm or the aggregate is not the equivalent of river gravel D-Drill will be entitled to vary the value of the Works to reflect the additional cost in dealing with the changes to concrete strength and to type of gravel encountered. In addition D-Drill will be entitled to charge for the additional wear and tear caused to any of its equipment
3.15A If we are instructed to provide any machines or other equipment which is additional to that necessary to carry out the quoted works it will be charged to the Employer at cost plus 30%. Any damage to that equipment howsoever caused will be the responsibility of the Employer.
3.16 All waiting time caused for reasons outside D-Drill’s control will be charged as stated in the Schedule of Rates and Charges. A charge as stated in the Schedule of Rates and Charges will be levied if any operative or his equipment is required to move from one work location to another or from one floor to another
3.17 If D-Drill is delayed in the execution of its Works by any variation to the Works or by any act or omission of the Employer or its Agents (including subcontractors) D-Drill is entitled to charge the Employer the reasonable costs associated with any delay which results from that variation or act or omission. These reasonable costs will be based on D-Drill’s current hourly plant and labour rates. A schedule of these rates is included in Clause 3.19.
3.18 Unless stated to the contrary in the quotation the Works are subject to remeasurement on completion.
3.19 If the contract is fundamentally breached or cancelled by the Employer at any time after D-Drill’s quotation has been accepted by the Employer D-Drill will be entitled to charge the Employer all the reasonable costs expended by D-Drill which flow from that breach or cancellation. Such costs will be based on the rates stated in the Schedule of Rates and Charges.
3.20 Varied work, daywork or waiting time will unless otherwise agreed be charged as stated in the Schedule of Rates and Charges:
3.21 If any works are cancelled less than 48 hours before the commencement date a Cancellation Charge will be made by D-Drill as stated in the Schedule of Rates and Charges
3.22 Any induction courses which D-Drill operatives are required to attend will be charged as stated in the Schedule of Rates and Charges.
4 PAYMENT
4.1 D-Drill is entitled to submit applications for payment at two-weekly intervals or when the Works are complete; whichever is the earlier.
4.2 Payments are due (the Due Date) within 14 days of the date of submission of any application for payment by D-Drill. The Final Date for payment is 16 days after the Due Date.
4.3 The application for payment shall include details of the sums claimed by D-Drill for work carried out up to the date of the application for payment. Any additional costs claimed for variations, delays or any other matters will also be included in the application in sufficient detail to allow the Employer to understand the basis of that cost.
4.4 Not less than 2 days before the Due Date for payment the Employer will provide D-Drill with a statement showing the amount of the payment due to be made and the basis on which the amount has been calculated.
4.5 If the Employer wishes to withhold any money from D-Drill he must provide a notice which complies with the requirements set out in Section 111 of the Construction Act not later than 4 days before the Final Date for payment. In the absence of such a notice the Employer shall pay the amount as set out in Clause 4.4 or if no statement under Clause 4.4 has been provided the amount set out in Clause 4.3.
4.6 Retention shall be Nil unless otherwise agreed in writing.
4.7 No discount will be allowed unless otherwise agreed in writing.
4.8 If the cost of any works are to be charged on a daywork basis the rates used will be those set out in D-Drill’s current schedule of hourly plant and labour rates which are included in Clause 3.20.
5 Settlement of disputes
5.1 If any dispute or difference arises under the contract, either party has the right to refer that dispute or difference to adjudication in accordance with the current ICE Adjudication Procedure.
5.2 Notwithstanding any provisions elsewhere, if either party does not dispute an adjudicator’s decision within 28 days of the date of the decision that decision shall be final and binding on the parties.
5.3 Except as otherwise provided for in these Conditions, all disputes arising out of or in connection with the contract or the carrying out of the Works other than failure to give effect to a decision of an Adjudicator shall be finally determined by reference to Arbitration by a person agreed between the parties, or, if no agreement is reached within 14 days of the provision by either party of a Notice to Refer (a dispute to Arbitration), by a person appointed on the application of either party by the President for the time being of the Institution of Civil Engineers.
5.4 The Arbitration procedure will be in accordance with the provisions set down in the Institution of Civil Engineers Arbitration Procedure current at the time of the Arbitration.
5.5 The award of the Arbitrator shall be binding on the parties.
This contract is governed by English Law.