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Conditions of Engagement

1.0 GENERAL

 

Laytoe Conditions of Engagement shall follow the ACE (Association of Consultancy and Engineering) agreement suitable for the appointment, except as modified by the following conditions and the accompanying letter. Copies of ACE Agreements and full Terms and Conditions are available for inspection at our offices or in soft copy upon request by the Client.

 

1.01 These Terms and Conditions constitute the entire agreement between the parties relating to the Project and supersede any previous agreements, whether oral or in writing.

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1.02 No amendment, waiver, or variation of these Terms shall be binding unless made in writing and signed by both parties.

 

1.03 A person who is not a party to these Terms may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.

 

1.04 Any notice required to be given to Laytoe Ltd shall be in writing, and the address for service is Unit 11.05, 1 Bubbling Well Square, London, SW18 1UQ.

 

1.05 Any notice must be served either personally or by recorded delivery (in both cases, service shall be effective on delivery).

 

1.06 These Terms and the Fee Letter shall be governed by English law.

 

1.07 These Terms should be read in conjunction with Laytoe Ltd's fee proposal letter to the Client ("Fee Letter"), which sets out the details of the Project ("Project"), the services Laytoe Ltd is to perform ("Services"), Laytoe Ltd's fees, and any other Project-specific details of Laytoe Ltd's appointment.

 

 

2.0 SCOPE OF SERVICES

 

2.01 Unless stated otherwise, normal services apply, and Additional Services will only be undertaken by prior agreement. The works on which we will be acting as the Consulting Engineer shall be foundations, sub-structure, and super-structure unless agreed otherwise.

 

2.02 In performing the Services and discharging all its obligations under these Terms, Laytoe Ltd shall exercise reasonable skill, care, and diligence.

 

2.03 Laytoe Ltd may perform such additional services as the Client may reasonably instruct, or as may be necessary in the event of an emergency without instruction. The Client shall pay an additional fee for any additional services. Unless otherwise agreed, such fees will be:

  • a) calculated by reference to the time charges set out below;

  • b) included in the next invoice following the performance of the additional service to which it relates, and,

  • c) paid in accordance with the terms set out below.

 

2.04 Laytoe Ltd shall have the authority to act on behalf of the Client in relation to the Services.

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2.05 The Client shall provide Laytoe Ltd with all relevant information needed to carry out the Services, and Laytoe Ltd shall be entitled to rely on such information.

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2.06 Laytoe Ltd shall be entitled to appoint one or more sub-consultants to perform part of the Services without the Client's consent.

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2.07 Laytoe Ltd assumes that any design and drawing works undertaken will be carried out in one operation and that these deliverable can be provided in one package. Should it be necessary to provide advance information to builders or to design out of sequence, Laytoe Ltd reserves the right to revise its fee to account for any additional time commitments beyond those allowed for.

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3.0 STRUCTURAL REPORTS

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Our Structural Reports is not 'A Full Building Survey' in accordance with the conditions of engagement of the Royal Institute of Chartered Surveyors (RICS).

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3.0 Inspections Type

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3.01 SPECIFIC STRUCTURAL INSPECTION (SSI)

This inspection is issued in response to concerns raised by a survey carried out by a member of a professional body. An SSI is restricted to visual observations of the matters, concerns, or problems stated in the survey; our SSI report will respond solely to one crack or issue within the property.

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3.02 GENERAL STRUCTURAL INSPECTION (GSI)

A Laytoe structural engineer will inspect the condition and adequacy of most of the accessible load-bearing elements in a property. Laytoe Ltd visually inspects the condition of the floors, load-bearing walls (internal and external), lintels, beams and columns. Laytoe Ltd also observes trees and shrubs that may affect the property's foundations.

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The Report will detail and comment on the condition of any issues of concern arising from the inspection. Our Report will recommend remedial advice or outline any further investigation or calculation that may be needed.

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3.03 COMPREHENSIVE GENERAL STRUCTURAL INSPECTION (CGSI)

In addition to the areas inspected in a Standard GSI, this inspection includes a visual assessment of the roof structures, cellar and outbuildings. We will also carry out a visual assessment of all internal alterations and compliance with Building Control requirements.

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3.04 Mortgage Structural Inspection (MSI)

This inspection is specifically designed for clients who have received a letter from the lender's valuer concerning particular structural points of the property they wish to purchase. Laytoe engineers, who hold MICE (Member of the Institution of Civil Engineers) or MiStructE (Member of the Institution of Structural Engineers) qualifications, will thoroughly evaluate these specific points to ensure a comprehensive assessment. As standard practice, other parts of the property are not inspected unless specifically requested by the client or deemed necessary by the lender. This focused approach ensures that the lender's immediate concerns are addressed effectively and efficiently, providing the necessary information to support the mortgage process. Generally, we do not assume the Client needs a report for mortgage purposes, so if they need it, this must be determined before our inspection of the property.

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3.05 During any structural inspection conducted by Laytoe Ltd, it is imperative for the Client to understand that the advice offered represents Laytoe's professional opinion. While Laytoe Ltd endeavours to provide accurate and dependable guidance, the Client acknowledges that interpretations and recommendations are based on professional judgment and are inherently fallible. As such, Laytoe Ltd shall not bear responsibility for any claims or disputes arising from the advice, recommendations, or conclusions provided within the

inspection reports. Clients are strongly encouraged to seek additional expert opinions or clarification as necessary and to independently verify any recommendations put forth by Laytoe Ltd.

 

3.06 Our structural survey is a visual inspection only and does not involve any exposure unless previously agreed upon. If, as part of the remedies, any structural elements need to be designed or calculated, this will incur an additional cost and is not included within the scope of our structural survey.

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3.07 During our inspection, we primarily concentrated on assessing the potential impact of trees and hedges. This inspection expressly excludes the identification and assessment of any knotweed species, including but not limited to Japanese knotweed. The presence of such species must be checked by RICS surveyors before purchase.

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3.08 Please be aware that our quotation for GSI and CGSI inspection is based on the assumption that the property is a standard mid-terrace house with two reception rooms, one bathroom, and three bedrooms. If the property differs from this description, an additional fee of £80 + VAT will be applied for each extra room. Additionally, if the inspection requires extra time on-site, a charge of £120 + VAT per hour will apply. In the event of any dispute arising from this misunderstanding, Laytoe will charge the site visit fee (£180 + VAT) and refund the remaining balance.

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3.1 REPORT AND CALCULATION PACKAGE

 

3.1.1 Our services will be limited to an investigation of the problem(s) specified. By 'investigation' or 'investigations' we mean, and may include, the following: archive research, interviewing persons or organisations, making exploratory holes or excavations, opening up or taking apart, taking samples, undertaking tests, and any other activities necessary to determine the extent and cause of the problem.

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3.1.2 Investigation work may cause damage – particularly to finishes and decorations. If the Client instructs Laytoe Ltd to carry out any investigation work, this will indicate to us that the Client has all the necessary permissions (from the owners, tenants or freeholder of the property) for Laytoe Ltd to carry out the work. Laytoe Ltd is not responsible for covering the cost of repointing, repatched, cleaning, etc., caused during our inspection.

 

3.1.3 The Client should always obtain legal advice on matters involving an insurance claim and/or the sale or purchase of a property. Our Report does not address insurance or other legal issues.

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3.1.4 Our Report should not be used in the same way as a pre-purchase survey. It should not be relied on as a statement of structural adequacy. It does not deal with the general condition of the building, decorations, services, timber, rot or infestation etc.

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3.1.5 The Report should not be construed as an implied warranty in relation to structure. Laytoe Ltd will not be liable to any third parties or to the Client for any loss, consequential or otherwise, as a result of information given in this Report.

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4.0 PAYMENT

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4.01 Payment for any/all of Laytoe Ltd's services is to be made before or on the due date stated on invoices issued by Laytoe Ltd. Payment confirms the due date as the contractual start date. Laytoe Ltd is not liable for services carried out before payment is made.

 

4.02 The service offer includes one site visit and one structural report or calculation package. The fee for this service must be paid in full up to 24 hours before the agreed date of the visit. Laytoe reserves the right to withdraw the service offer if payment is not received in advance.

 

4.03 Invoices will be issued at intervals appropriate to our level of involvement, typically at design calculation submission, tender issue stage, and during construction if post-contract involvement is required.

 

4.04 Interest is automatically added to fees outstanding after 14 days from the invoice date. The interest rate will be in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

 

4.05 If an invoice is disputed or queried, the matter must be raised with the responsible engineer within 14 days of the invoice date.

 

4.06 Laytoe Ltd reserves the right to cease working on any project where payment of accounts is not made within our payment terms.

 

 

5.0 CANCELLATION AND REFUND

 

5.0.1 Cancellation Notice:

Cancellations must be submitted in writing no later than 48 hours before the scheduled time of inspection.

 

5.0.2 Full Refund Eligibility:

If the cancellation notice is received at least 48 hours before the inspection, the full payment will be refunded.

 

5.0.3 Refund Processing Time:

The refund process may take up to 14 days from the date of cancellation notice receipt, in compliance with the Consumer Contracts Regulations.

 

5.0.4 Late Cancellation:

If the cancellation notice is received less than 48 hours before the inspection, Laytoe Ltd is not liable to refund any portion of the payment due to the dedicated scheduling and resource allocation.

 

5.0.5 Post-Inspection Policy:

Once the property inspection or site visit has been conducted, no refunds will be issued for any reason, as the service is considered fully performed, except as outlined in Section 3.08.

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6.0 REVISION AND CALCULATION

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6.0.1 Client-Initiated Revisions Before Calculations Begin:

If the Client requests revisions after our inspection but before we start the calculations, these revisions will be made free of charge.

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6.02 Client-Initiated Revisions After Calculations Begin:

If the Client requests changes to their design after we have started the calculations, they will need to pay for the additional work based on our hourly rates for the time spent.

 

6.0.3 Revisions Requested by Building Control Officer:

If the Building Control Officer requests any revisions, these must be made within the first 50 days of the calculation being passed to the Client. Revisions requested after this period will be charged based on our hourly rates.

 

6.0.4 Submission to Building Control:

We highly recommend that the Client submit the calculations to the Building Control Body (BCB) immediately after receiving them. While we do our best to ensure there are no errors in our designs, very rare cases of mistakes may occur. Prompt submission helps to identify and address any potential issues as soon as possible.

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7.0 LIABILITY

 

7.01 Laytoe Ltd assumes that any construction and remediation work undertaken will be carried out in a single operation and that these deliverables can be provided in one package. If it is necessary to provide advance or extra information to builders or to design out of sequence, we reserve the right to revise our fee to account for any additional time commitments beyond those allowed for.

 

7.02 If, during a site visit, the necessary existing structural elements are not visible, the consultant reserves the right to make assumptions to commence design work. If further building work on site reveals that the details were inaccurate, the Client is responsible for informing the Consultant immediately and before undertaking any further work on site so that we can advise on how to proceed.

 

7.03 Laytoe Ltd may recommend to a Client that the detailed design of any part of the Works be carried out by a contractor or subcontractor, and the Client shall not unreasonably withhold consent to such a recommendation. Laytoe Ltd shall not be responsible for such detailed design or liable for defects or omissions in it. The detailed design of the following elements will be assigned to the contractor:

  • A specialist glazing supplier will undertake bespoke glazing design and detailing.

  • The preparation of the Desk Study, Site Investigation, Geotechnical Interpretative Report, and specialist geotechnical design items (for example, piled foundations, slope stability analyses, and associated retention systems, should they be required) will be undertaken by a specialist geotechnical consultant/contractor.

  • All temporary works.

  • All drainage works.

  • All steel coating details.

  • All proprietary products/elements.

  • Reinforced concrete scheduling and detailing — Fabrication Drawings, Steel Connection Details.

7.04 Laytoe Ltd bears no responsibility for any designs, calculations or installation made by sub-contractors and is not liable for defects, inaccuracies, and/or omissions in the designs or calculations of sub-contractors.

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8.0 ASSUMPTIONS AND EXCLUSIONS

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8.01 Our Design work generally excludes the elements as listed below, except if noted otherwise:

  • Above and below ground drainage and specifications for drainage pumps.

  • Demolition method statement and risk assessments (by contractor/specialist sub-contractor). Sustainable Urban Drainage, SUR 1 calculations, work related to shared drainage, diversion of Thames Water sewers, etc.

  • Construction Traffic Management Plan (CTMP) or basement impact assessment, Specification of below-ground damp-proofing/tanking. Structural input for external landscaping.

  • Design of piles and geotechnical engineering.

  • Works related to site contamination and land remediation.

  • Any work not mentioned is deemed to be beyond the scope of the requested services.

  • Any design and development post-issue of the Building Regulations, not considered to be part of the construction phase, will be carried out on a time-charge basis.

  • Any involvement in discharging Party Wall conditions will be carried out on a time-charge basis.

  • All staircases and balustrades.

  • Steel-to-steel connections and steel fabrication drawings.

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Please read and understand all of the terms of this engagement before making your payment. By paying the invoice, you confirm that you have read, understood, and agreed to all the terms outlined above.

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