MCS Renovations Ltd
Principal Contractor Terms & Conditions
For Residential Building, Refurbishment, Renovation, Conversion and Extension Works
Last updated: 18 June 2026
These Terms & Conditions set out the basis upon which MCS Renovations Ltd carries out residential building, refurbishment, renovation, conversion, extension and associated construction works.
They are intended to provide clarity regarding project responsibilities, scope, payment, variations, programme, health and safety, client-supplied items, defects, suspension rights and dispute resolution.
These Terms & Conditions should be read alongside any accepted MCS proposal, scope of works, drawings, specifications, assumptions, exclusions, pricing summary, payment schedule, supply matrix, variation records and any signed project-specific contract documents.
For larger, higher-value, complex, commercial, developer-led, public-sector, higher-risk or unusual projects, MCS may issue a separate written construction contract. Where a separate contract is signed, that contract shall take precedence over these Terms & Conditions to the extent of any inconsistency.
Nothing in these Terms & Conditions affects any statutory rights that cannot lawfully be excluded or restricted.
1. Definitions
In these Terms & Conditions:
“MCS”, “we”, “us” or “our” means MCS Renovations Ltd.
“Client”, “you” or “your” means the person, persons, company, organisation or other party instructing MCS.
“Works” means the building, refurbishment, renovation, conversion, extension, repair, preparation, procurement, project management, coordination, installation or associated construction services carried out or arranged by MCS.
“Site” means the property, land, building, premises or working area where the Works are carried out.
“Proposal” means any written quotation, proposal, estimate, pricing document, scope document or commercial offer issued by MCS.
“Contract Documents” means the accepted proposal, contract, payment schedule, drawings, specifications, scope of works, assumptions, exclusions, clarifications, supply matrix, variation forms and any other documents expressly incorporated into the agreement.
“Variation” means any change, addition, omission, substitution, resequencing, acceleration, delay, upgrade, design change, specification change, product change or additional instruction affecting the Works.
“Practical Completion” means the point at which the Works are substantially complete and capable of reasonable use for their intended purpose, even if minor defects, snagging items or documents remain outstanding.
“Client-Supplied Items” means any goods, materials, finishes, fixtures, fittings, appliances, equipment, products or specialist items selected, purchased, supplied or arranged directly by the Client.
2. Application of These Terms
These Terms & Conditions apply where they are referred to in any MCS proposal, quotation, invoice, contract, email, website page, project document or written communication.
By accepting an MCS proposal, paying a deposit, instructing works to proceed, requesting procurement, allowing works to commence, or otherwise confirming instruction in writing, the Client agrees that these Terms & Conditions apply unless expressly amended in writing.
These Terms & Conditions are intended to support, not replace, project-specific contract documents.
Where there is a conflict between documents, the following order of priority shall apply unless expressly agreed otherwise in writing:
Signed project-specific contract or contract particulars.
Signed project-specific amendments.
Signed payment schedule.
Signed variation forms issued after the contract date.
Accepted MCS proposal and pricing summary.
Scope of works, assumptions, exclusions and clarifications.
Customer / MCS supply matrix.
Drawings, structural information, specifications and schedules.
Client-supplied supplier quotations or technical documents accepted by MCS.
These website Terms & Conditions.
3. MCS’s Role as Contractor / Principal Contractor
MCS may act as the main contractor, contractor, sole contractor, contractor in control of the construction phase, or Principal Contractor where expressly appointed or where applicable law treats MCS as carrying out that role.
Where MCS accepts or is treated as Principal Contractor, that role is limited to the Works and responsibilities within MCS’s agreed scope, competence, appointment and insurance position.
MCS’s role may include:
Planning, managing and coordinating the construction phase of the Works.
Managing MCS employees, labour, subcontractors and suppliers.
Coordinating site activities within the agreed MCS scope.
Managing health and safety for the Works under MCS control.
Coordinating agreed Building Control interactions.
Sequencing labour, materials, inspections and agreed trade packages.
Keeping the Client reasonably informed of material issues affecting cost, programme, compliance or completion.
Unless expressly agreed in writing, MCS does not act as:
Architect.
Structural engineer.
Planning consultant.
Party wall surveyor.
Building Regulations Principal Designer.
CDM Principal Designer.
Professional design consultant.
Independent certifier.
Building Control body.
Clerk of works.
Quantity surveyor.
Cost consultant.
Coordination of designers, consultants, engineers, Building Control bodies, suppliers or third parties does not transfer their professional responsibility to MCS.
4. Building Regulations, CDM and Dutyholder Roles
The Client, designers, contractors, Principal Designers and Principal Contractors may have duties under applicable construction, health and safety, building safety and Building Regulations requirements.
MCS will only accept roles and duties that fall within its competence, appointment, insurance and agreed scope.
Where MCS is appointed or treated as Principal Contractor, MCS will take reasonable steps to plan, manage and coordinate the construction phase within its accepted role and the information available to it.
The Client must cooperate with MCS and ensure that any client-appointed designers, engineers, architects, surveyors, consultants, suppliers and contractors provide timely, accurate and adequate information.
MCS is not responsible for failures, omissions, delays or non-compliance caused by client-appointed parties, incomplete design information, late decisions, inadequate professional advice, defective drawings, missing calculations, unapproved changes or third-party delays.
5. Consumer Rights and Statutory Protection
Where the Client is a consumer, nothing in these Terms & Conditions reduces or removes statutory rights that cannot legally be excluded.
MCS will carry out the Works with reasonable skill and care, reasonable workmanship and reasonable project management standards appropriate to the nature, value, complexity and specification of the project.
These Terms & Conditions are intended to clarify the commercial and practical management of the Works. They are not intended to remove statutory protections.
Where the Client is a company, developer, investor, landlord, commercial client or other business client, consumer-specific protections may not apply.
6. Quotations, Estimates and Proposals
Any quotation, estimate, budget, proposal or price indication issued by MCS is based on the information available at the time of pricing.
Unless expressly stated otherwise in writing:
Proposals are valid for 30 days.
Prices exclude VAT.
Materials are subject to supplier availability and price movement.
Provisional sums, allowances and estimated items may change.
Works not expressly included are excluded.
Planning, Building Control, party wall, engineering, consultant, statutory and third-party fees are excluded unless stated otherwise.
Client-supplied items are excluded from the MCS supply price unless stated otherwise.
Start dates and completion periods are estimates only unless expressly agreed as fixed contractual dates.
A proposal is not a final contract sum unless and until the scope, drawings, specification, assumptions, exclusions, payment structure and contract documents are agreed.
MCS may withdraw or revise a proposal before acceptance if material information changes, pricing assumptions prove incorrect, or supplier, subcontractor, labour or material costs change.
7. Contract Formation and Acceptance
A binding contract is formed only when MCS confirms acceptance of the Client’s instruction in writing, when the parties sign a written contract, or when MCS begins works, procurement or preparation following written instruction from the Client.
Payment of a deposit or mobilisation payment is evidence of instruction but does not override the need for the scope, assumptions, exclusions, payment structure and project documents to be clear.
MCS is not required to start works until:
The proposal or contract is accepted.
The deposit or mobilisation payment is received.
The cancellation position is resolved where consumer cancellation rights apply.
Access arrangements are agreed.
Required drawings, calculations and specifications are available.
Relevant approvals, permissions and statutory routes are confirmed.
Key client decisions and selections have been made.
Required pre-start information is provided.
Any agreed customer / MCS supply matrix is complete.
8. Consumer Cancellation Rights and Start-Now Instructions
Where consumer cancellation rights apply, the Client may have the right to cancel within 14 days of the contract being made.
MCS will not usually start works, services, procurement, design coordination, administration or project preparation within any applicable cancellation period unless the Client provides a written instruction for MCS to proceed.
Where the Client instructs MCS to start within the cancellation period and later cancels, the Client must pay a fair and reasonable amount for works, services, procurement, surveys, administration, materials, subcontractor commitments and project-specific costs incurred before cancellation.
Where materials are bespoke, made to measure, specially ordered, non-returnable or project-specific, the Client may remain responsible for those costs.
Consumer cancellation rights may not apply where the Client is acting as a business, developer, investor, landlord, limited company or commercial client.
9. VAT
Unless expressly stated otherwise, all prices exclude VAT.
VAT will be charged at the applicable rate required by law at the time of invoicing.
Where a project may qualify for reduced-rate or zero-rate VAT, including certain conversions, empty-property works or works creating new dwellings, this must be identified before contract signing and recorded in the Contract Documents.
The Client should obtain independent VAT advice where reduced-rate or zero-rate VAT treatment is being relied upon.
MCS is not responsible for a VAT treatment assumption unless expressly confirmed in writing and supported by appropriate information.
If HMRC or applicable law requires a different VAT treatment, invoices and sums payable may be adjusted accordingly.
10. Scope of Works
MCS will carry out the Works described in the Contract Documents.
Anything not expressly included in the Contract Documents is excluded unless later agreed as a variation.
The agreed scope may be defined by:
MCS proposal.
Scope of works.
Drawings.
Specifications.
Pricing summary.
Assumptions.
Exclusions.
Clarifications.
Customer / MCS supply matrix.
Payment schedule.
Variation records.
Project-specific contract documents.
The Client is responsible for checking that the scope reflects their requirements before accepting the proposal or signing the contract.
MCS is entitled to rely on the information supplied by the Client and the Client’s appointed designers, engineers, consultants, suppliers and representatives.
11. Pre-Start Conditions
MCS is not required to begin works, procurement, site setup or mobilisation until all necessary pre-start conditions have been satisfied.
These may include:
Signed proposal or contract.
Deposit or mobilisation payment.
Agreed payment schedule.
Agreed scope, assumptions and exclusions.
Agreed drawings or specifications.
Confirmation of Building Control route.
Confirmation of planning status where applicable.
Confirmation of party wall position where applicable.
Structural engineer information where required.
Client selections and key product choices.
Client-supplied item details and lead times.
Access, parking, storage and welfare arrangements.
Health and safety information.
Insurance confirmation where required.
Start-now instruction where works begin during a cancellation period.
Any delay in satisfying pre-start conditions may delay the start date and completion date.
12. Client Responsibilities
The Client must:
Provide accurate and complete information.
Confirm decisions, selections and approvals within reasonable timescales.
Provide safe, clear and continuous access to working areas.
Maintain suitable building and contents insurance.
Notify household insurers that building works are taking place.
Provide details of known defects, asbestos, damp, structural issues, drainage issues, neighbour issues or previous works.
Ensure client-appointed designers, engineers, consultants and suppliers cooperate with MCS.
Obtain and pay for statutory permissions and professional appointments unless stated otherwise.
Avoid direct instruction of MCS employees, subcontractors or suppliers.
Keep children, pets, visitors and occupants away from work areas.
Not interfere with temporary works, protection, health and safety arrangements, plant, tools, materials or unfinished works.
Provide water, electricity, welfare access, parking, storage and other agreed facilities unless stated otherwise.
Make payments in accordance with the agreed payment schedule.
Failure by the Client to comply with these responsibilities may affect price, programme, completion, safety and MCS’s ability to continue the Works.
13. MCS Responsibilities
MCS will:
Carry out the agreed Works with reasonable skill and care.
Use suitable materials for MCS-supplied items.
Manage MCS labour and MCS-appointed subcontractors.
Take reasonable steps to coordinate the Works within the agreed MCS scope.
Keep the Client reasonably informed of material project issues.
Notify the Client of significant cost, programme, compliance or safety issues where reasonably practicable.
Provide relevant completion documents, certificates, guarantees and manufacturer information that are reasonably available and applicable to the Works, subject to payment of all sums due.
MCS is not responsible for contractors, consultants, designers, suppliers or trades appointed directly by the Client unless MCS expressly accepts responsibility in writing.
14. Planning, Building Control, Party Wall and Statutory Approvals
Unless expressly stated otherwise, the Client is responsible for obtaining and paying for:
Planning permission.
Lawful development certificates.
Building Control fees.
Structural engineer fees.
Party wall surveyor fees.
Thames Water or build-over agreements.
Utility applications.
Landlord or freeholder consent.
Leaseholder approvals.
Highways approvals.
Parking suspensions.
Scaffold licences.
Skip permits.
Other statutory or third-party charges.
MCS may assist with coordination where agreed, but coordination does not make MCS responsible for decisions, delays, fees, requirements, conditions or refusals by statutory bodies, neighbours, consultants or third parties.
MCS is not responsible for delay caused by:
Planning authorities.
Building Control.
Approved inspectors.
Structural engineers.
Party wall surveyors.
Neighbours.
Freeholders.
Managing agents.
Utility providers.
Water authorities.
Highways authorities.
Client-appointed consultants.
If a statutory authority, Building Control body, engineer or other competent person requires changes to the Works, those changes may be treated as variations unless already included in the agreed scope.
15. Design Responsibility and Professional Appointments
Unless expressly agreed in writing, MCS is not responsible for the design, adequacy, compliance, suitability, dimensions, calculations or fitness for purpose of drawings, structural information, specifications, professional advice or technical details prepared by others.
The Client is responsible for appointing competent professionals where required, including:
Architect.
Structural engineer.
Planning consultant.
Party wall surveyor.
Principal Designer.
Building Regulations consultant.
Specialist designer.
Drainage consultant.
Mechanical and electrical designer.
Fire consultant.
Other relevant professionals.
MCS may provide practical comments, sequencing advice, buildability comments or working suggestions. Such comments are provided to assist construction and do not amount to professional design responsibility unless expressly agreed in writing.
Where MCS is asked to accept design responsibility for any element, the scope, fee, insurance position and responsibility limits must be confirmed in writing before MCS accepts that responsibility.
16. Materials, Goods and Procurement
Materials supplied by MCS will be new unless otherwise agreed, of satisfactory quality, and reasonably suitable for their intended purpose within the agreed specification.
Where an item becomes unavailable, delayed, discontinued, unsuitable or subject to material price increase, MCS may propose a reasonable alternative.
Substitutions may affect price, programme, aesthetics, warranty, compatibility or specification. MCS will notify the Client where reasonably practicable.
Materials ordered specifically for the project may be non-returnable or subject to supplier restocking charges.
To the extent legally possible, ownership of unfixed or uninstalled materials and goods supplied by MCS shall not pass to the Client until MCS has received full payment for those materials and goods.
MCS may remove unpaid unfixed or uninstalled materials from site where lawful, reasonable and safe to do so.
17. Client-Supplied Items
Where the Client supplies items directly, the Client is responsible for:
Selecting the item.
Ordering the item.
Paying for the item.
Ensuring timely delivery.
Checking measurements.
Checking suitability.
Checking compatibility.
Checking warranty terms.
Checking installation requirements.
Checking compliance information.
Ensuring all parts, fittings, fixings and accessories are provided.
Replacing defective, missing, delayed or unsuitable items.
Client-supplied items commonly include:
Kitchen units.
Worktops.
Appliances.
Bathroom sanitaryware.
Shower screens.
Shower valves.
Brassware.
Tiles.
Finished flooring.
Radiators.
Towel rails.
Decorative light fittings.
Internal doors.
Ironmongery.
Accessories.
Specialist finishes.
MCS will install and coordinate client-supplied items only where agreed and where MCS considers the items technically suitable.
MCS may refuse to install any client-supplied item that appears defective, damaged, unsuitable, unsafe, non-compliant, incompatible, incomplete or likely to compromise the Works.
Delays caused by client-supplied items may result in programme extensions, remobilisation costs and additional charges.
18. Variations and Additional Works
No variation is included unless confirmed in writing by MCS and accepted by the Client.
A variation may arise from:
Client instruction.
Drawing revision.
Specification change.
Site discovery.
Building Control requirement.
Engineer requirement.
Party wall requirement.
Design change.
Product substitution.
Unavailable or delayed materials.
Client-supplied item issue.
Change to access.
Change to programme.
Additional works requested by the Client.
Works needed to deal with hidden conditions.
Variations may affect:
Price.
VAT.
Programme.
Payment schedule.
Completion date.
Labour allocation.
Material orders.
Subcontractor availability.
Defects period.
Warranty arrangements.
Where the cost of a variation cannot be fixed before work proceeds, MCS may carry out the work on a reasonable valuation basis. This may include labour, plant, materials, supervision, subcontractor costs, supplier costs, overhead, administration and reasonable margin.
MCS is not obliged to carry out additional works without agreement on price, payment and programme impact, except where urgent or necessary works are required.
19. Urgent or Necessary Works
If urgent or necessary works are required to:
Protect the property.
Maintain safety.
Prevent further damage.
Deal with hidden conditions.
Maintain temporary works.
Comply with Building Control.
Comply with engineer requirements.
Avoid material delay.
Prevent deterioration.
Make the site secure.
MCS may take reasonable steps and notify the Client as soon as reasonably practicable.
Where such works fall outside the agreed scope, the Client shall pay the reasonable cost.
This clause is intended to avoid unsafe, damaging or commercially unreasonable delay where immediate action is needed.
20. Existing Buildings, Hidden Conditions and Renovation Risk
The Client acknowledges that renovation, refurbishment, conversion and extension works involve existing structures and hidden conditions.
MCS cannot price, programme or accept responsibility for matters that could not reasonably be identified before works commenced.
Examples include:
Defective foundations.
Defective drains.
Hidden services.
Asbestos-containing materials.
Damp.
Rot.
Mould.
Structural defects.
Poor ground.
Undocumented alterations.
Poor previous workmanship.
Contamination.
Pest damage.
Weak existing walls.
Defective roofs.
Non-compliant previous works.
Inadequate utilities.
Unforeseen utility upgrades.
Underground obstructions.
Manholes or drainage runs not shown on drawings.
Tree root issues.
Neighbouring property constraints.
Unless expressly included, the Contract Price does not include the cost of investigating, repairing, removing, replacing, redesigning, strengthening or otherwise dealing with such matters.
Such matters shall be treated as variations, provisional works or unknown works.
21. Asbestos and Hazardous Materials
Unless expressly included, MCS does not price for asbestos surveys, asbestos removal, hazardous material removal or specialist remediation.
If asbestos or suspected asbestos is discovered, MCS may immediately stop work in the affected area.
The Client may be required to arrange a survey, testing, removal or remediation by a competent specialist.
Any resulting delay, remobilisation, redesign, protection, disposal, clearance certification or additional works shall be treated as a variation unless already included.
MCS will not knowingly disturb suspected asbestos-containing materials unless it is lawful, safe, insured and within MCS’s competence to do so.
22. Access, Occupation and Site Conditions
The Client must provide safe, clear and continuous access to the working areas.
The Client must also provide or arrange, where required:
Parking.
Loading access.
Storage.
Welfare access.
Water.
Electricity.
Toilet facilities.
Secure working areas.
Clear access routes.
Reasonable working hours.
Neighbour liaison access where necessary.
Where the Client remains living in the property during the Works, the Client accepts that building works may involve:
Noise.
Dust.
Vibration.
Temporary service disruption.
Restricted access.
Reduced privacy.
Temporary protection.
Temporary loss of rooms.
Programme inefficiency.
Site safety restrictions.
General inconvenience inherent in construction works.
MCS will take reasonable care to reduce unnecessary disruption but cannot eliminate normal construction disruption.
The Client must not enter restricted areas, interfere with temporary works or disturb materials, tools, protection, scaffolding, plant or unfinished works.
23. Health and Safety
MCS takes health and safety seriously and will manage health and safety for the Works under its control.
The Client, occupants, visitors and third parties must comply with reasonable site safety instructions.
The Client must not:
Enter restricted working areas without permission.
Remove barriers, protection or warning signs.
Interfere with temporary works.
Move plant, tools or materials.
Allow children or pets into work areas.
Direct MCS operatives unsafely.
Instruct subcontractors directly.
Create unsafe working conditions.
Require work to proceed where MCS reasonably considers it unsafe.
MCS may stop works immediately where health and safety is compromised.
Any delay or cost caused by unsafe access, unsafe client instructions, interference, unauthorised entry or failure to follow site rules may be treated as a variation or Client delay.
24. Subcontractors and Suppliers
MCS may subcontract, outsource or procure any part of the Works.
MCS remains responsible for subcontracted works within the agreed MCS scope.
MCS is not responsible for:
Client-appointed contractors.
Client-appointed consultants.
Client-appointed suppliers.
Client-direct trades.
Separate contractors instructed by the Client.
Delays, defects or damage caused by parties outside MCS control.
The Client must not directly instruct, interfere with, negotiate with, pay, vary the work of, or otherwise manage MCS labour, subcontractors or suppliers unless MCS agrees in writing.
Direct instruction may compromise safety, sequencing, contractual responsibility, warranty, payment and programme control.
25. Programme, Delays and Extensions of Time
Any start date, completion date or programme period is an estimate unless expressly stated as fixed in writing.
The programme may be extended due to:
Variations.
Client delays.
Late client decisions.
Late client-supplied items.
Design changes.
Missing information.
Building Control requirements.
Engineer requirements.
Party wall matters.
Planning or statutory delays.
Weather.
Supply-chain delays.
Utility delays.
Hidden conditions.
Asbestos or hazardous materials.
Non-payment.
Access restrictions.
Health and safety issues.
Neighbour disputes.
Events beyond MCS’s reasonable control.
MCS will use reasonable endeavours to progress the Works efficiently, but MCS shall not be liable for delays caused by matters outside its reasonable control or caused by the Client, third parties, statutory authorities or hidden conditions.
Where a delay causes remobilisation, additional preliminaries, extended management, additional protection, storage, labour inefficiency or subcontractor costs, MCS may charge a reasonable amount.
26. Payment Terms
The Client must pay MCS in accordance with the agreed payment schedule.
Unless otherwise stated in writing:
Invoices are payable within 7 calendar days of issue.
Stage payments become due when the relevant stage is substantially reached.
Mobilisation, procurement, materials and subcontractor commitments may be invoiced in accordance with the agreed payment schedule.
Weekly payment structures must be paid on the agreed day.
Final invoices may be issued at or after Practical Completion.
MCS may withhold non-essential handover documents, certificates and guarantees until all sums properly due have been paid, where legally permissible.
If the Client disputes an invoice, the Client must notify MCS in writing within 5 calendar days of receiving the invoice.
The notice must state:
The amount disputed.
The amount the Client proposes to pay.
The reasons for the dispute.
The calculation of any deduction.
Any supporting evidence.
If no written dispute notice is issued within that period, the invoice shall be payable in full by the due date, without prejudice to any statutory rights that cannot be excluded.
27. Late Payment
If any amount remains unpaid after the due date, MCS may:
Request immediate payment.
Pause ordering, labour allocation or procurement.
Charge interest and reasonable recovery costs where permitted by law and/or the Contract Documents.
Suspend all or part of the Works following written warning.
Recover reasonable costs caused by late payment, including demobilisation, remobilisation, administration, subcontractor costs, supplier costs, storage, wasted attendance and programme disruption.
Late payment may affect the programme. MCS shall not be liable for delay caused by non-payment or delayed payment.
MCS is entitled to protect its commercial position where payment is not made in accordance with the agreed payment structure.
28. Deposit and Mobilisation Payments
A deposit or mobilisation payment may be required before MCS allocates labour, secures a start date, begins procurement, arranges subcontractors, books site management, carries out project preparation or places project-specific orders.
Unless stated otherwise, deposits and mobilisation payments may be applied towards:
Project administration.
Pre-start coordination.
Site setup planning.
Labour allocation.
Subcontractor booking.
Material procurement.
Surveys or inspections.
Supplier commitments.
Project-specific preparation.
Programme reservation.
Where the Client cancels or postpones the project after payment of a deposit or mobilisation payment, MCS may retain a fair and reasonable amount to cover costs, commitments and losses incurred, subject to applicable consumer law.
MCS will not treat a consumer deposit as automatically non-refundable regardless of circumstances. Any retained sum must be fair and commercially justifiable.
29. Protection, Cleaning and Waste
MCS will take reasonable steps to protect areas affected by the Works.
Construction works may still cause dust, vibration, minor disturbance, temporary marking, access wear and general disruption.
Unless expressly included, the following are excluded:
Specialist cleaning.
Deep cleaning.
Window cleaning.
Carpet cleaning.
Professional dust extraction.
Temporary accommodation.
Storage of Client possessions.
Removal of excessive Client contents.
Skip permits.
Parking suspensions.
Special waste disposal.
Hazardous waste disposal.
Waste removal is included only to the extent stated in the proposal or Contract Documents.
The Client must remove or protect valuable, fragile, sentimental, delicate or high-risk items before works commence.
30. Existing Structure, Contents and Neighbouring Property
The Client remains responsible for insuring the existing structure, contents and Client liabilities unless otherwise agreed in writing.
MCS will take reasonable care when working to existing property.
MCS is not responsible for:
Pre-existing defects.
Existing structural weakness.
Movement in existing structures.
Poor previous workmanship.
Hidden damage.
Damp.
Rot.
Defective services.
Defects caused by others.
Defects caused by client-appointed trades.
Damage caused by Client, occupants, pets, visitors or third parties.
Where damage or delay is caused partly by MCS and partly by others, MCS shall only be responsible for its fair share.
31. Insurance
MCS maintains public liability and employers’ liability insurance appropriate to its contracting activities, subject to policy terms, limits, exclusions and conditions.
Policy evidence can be provided on request.
The Client must maintain suitable building, contents and property insurance throughout the Works and must notify their insurer before works commence.
The Client should check whether their insurer requires:
Notification of building works.
Joint names insurance.
Additional cover.
Occupancy restrictions.
Security conditions.
Alarm conditions.
Temporary works notification.
Unoccupied property conditions.
MCS is not responsible for the Client’s failure to notify insurers or maintain adequate insurance.
Any requirement for professional indemnity insurance, latent defects insurance, joint names insurance, non-negligence insurance, insurance-backed guarantee, new-build warranty or other specialist insurance must be expressly stated and priced before contract.
No insurance-backed guarantee, warranty or third-party guarantee is provided unless expressly confirmed in writing.
32. Practical Completion
Practical Completion occurs when the Works are substantially complete and capable of reasonable use for their intended purpose, notwithstanding minor defects, snagging items, outstanding documents or minor omissions.
Practical Completion shall not be withheld or delayed solely because of minor defects or snagging items that do not materially prevent reasonable use.
At or after Practical Completion:
MCS may issue the final invoice.
The defects period begins.
The Client assumes normal responsibility for use, maintenance, security, ventilation and care of the completed areas.
Handover information may be provided within a reasonable period.
Outstanding minor items may be recorded and completed within a reasonable time.
33. Snagging
A snagging list may be prepared at or around Practical Completion.
Snagging items are minor items requiring adjustment, completion or correction.
Snagging does not include:
New works requested by the Client.
Changes to specification.
Damage caused by the Client, occupants, pets, visitors or third parties.
Manufacturer defects.
Client-supplied item defects.
Design issues by others.
Maintenance items.
Wear and tear.
Seasonal movement.
Condensation caused by use, heating or ventilation.
Items outside the agreed scope.
MCS will attend to valid snagging items within a reasonable period, subject to access, materials, subcontractor availability and payment of sums due.
34. Defects Liability Period
Unless stated otherwise in the Contract Documents, the defects liability period shall be 6 months from Practical Completion.
During the defects liability period, MCS will return within a reasonable time to make good defects caused by MCS workmanship or MCS-supplied materials.
The defects liability period does not cover:
Client-supplied items.
Manufacturer defects outside MCS control.
Misuse.
Accidental damage.
Lack of maintenance.
Client or third-party damage.
Movement in existing structures.
Normal shrinkage.
Hairline plaster cracking from drying or settlement.
Condensation.
Ventilation issues caused by use.
Wear and tear.
Defects caused by design by others.
Defects caused by client-appointed trades.
Defects caused by hidden conditions.
Matters excluded by the Contract Documents.
Manufacturer warranties are separate from MCS workmanship obligations.
Nothing in this clause affects statutory rights that cannot lawfully be excluded.
35. Guarantees and Warranties
Any guarantee or warranty offered by MCS must be confirmed in writing.
Manufacturer warranties apply according to the relevant manufacturer’s terms.
Client-supplied items remain subject to the Client’s direct warranty relationship with the supplier or manufacturer.
MCS is not responsible for manufacturer warranty refusal caused by:
Incorrect product selection by the Client.
Product incompatibility.
Missing parts.
Delayed registration.
Failure to follow manufacturer maintenance requirements.
Client misuse.
Third-party interference.
Installation requirements not disclosed to MCS.
Defective client-supplied products.
Insurance-backed guarantees, new-build warranties, latent defects cover and similar protections are not included unless expressly agreed and paid for.
36. Controlled Suspension / “All Stop” Procedure
MCS seeks to resolve concerns promptly, professionally and fairly.
However, construction works should not continue where a material issue may affect safety, compliance, payment, scope, responsibility, liability, access, insurance, programme or the proper administration of the project.
MCS may suspend all or part of the Works under this Controlled Suspension / “All Stop” Procedure where MCS reasonably considers that continuing the Works would be unsafe, commercially unreasonable, legally prejudicial, non-compliant or inconsistent with the Contract Documents.
Examples include:
Non-payment of sums due.
Failure to provide access.
Failure to provide required information.
Failure to make decisions or selections needed to progress.
Unsafe site conditions.
Suspected asbestos or hazardous materials.
Structural safety concerns.
Refusal to follow Building Control requirements.
Refusal to follow structural engineer requirements.
Refusal to follow reasonable health and safety instructions.
Client instructions that may create safety, legal, insurance or compliance risk.
Significant dispute over scope, payment, defects, variations or responsibility.
Direct instruction of MCS labour, subcontractors or suppliers.
Interference with temporary works, protection, sequencing or site management.
Abuse, harassment, threatening behaviour or intimidation towards MCS personnel or subcontractors.
Client-appointed trades interfering with the Works.
Missing statutory approvals.
Missing design information.
Non-compliant or unsafe client-supplied items.
Threatened or commenced legal proceedings where continued works may prejudice either party’s position.
Any other material breach by the Client.
Where practicable, MCS will give written notice stating:
The reason for suspension.
The area or part of the Works affected.
What is required to resolve the issue.
The likely programme impact, where known.
Whether remobilisation or additional costs may apply.
MCS may suspend immediately without prior notice where health and safety, structural stability, legal compliance, insurance, payment security or protection of the property reasonably requires immediate action.
During suspension:
MCS shall not be treated as having abandoned the Works.
The programme shall be extended.
MCS shall not be liable for delay caused by the suspension.
MCS may recover reasonable costs caused by the suspension.
Remobilisation costs may apply.
Materials, plant, scaffold, protection, welfare and subcontractor standing time may be chargeable where reasonably incurred.
MCS may require payment of outstanding sums before recommencing.
MCS may require a written agreement resolving the issue before recommencing.
MCS will recommence the Works as soon as reasonably practicable once the relevant issue has been resolved, the payment position is regularised, and it is safe, lawful and commercially reasonable to proceed.
Where the issue is not resolved within a reasonable time, MCS may terminate the contract in accordance with these Terms & Conditions and/or the Contract Documents.
37. Termination by the Client
The Client may terminate the contract if MCS commits a material breach and fails to remedy that breach within a reasonable period after written notice.
The Client must give MCS a reasonable opportunity to inspect and remedy alleged breaches, defects or incomplete works before appointing others, except in genuine emergency or where it would be unreasonable to do so.
If the Client terminates without proper contractual grounds, MCS may recover:
Sums due.
Works carried out.
Materials ordered.
Supplier commitments.
Subcontractor commitments.
Administration costs.
Demobilisation costs.
Loss of profit.
Other reasonable losses caused by termination.
The Client must not use alleged defects or dissatisfaction as a reason to withhold all payment where substantial works have been carried out and payment is properly due.
38. Suspension or Termination by MCS
MCS may suspend or terminate the contract if the Client:
Fails to pay.
Fails to provide access.
Fails to provide instructions.
Obstructs the Works.
Interferes with MCS labour or subcontractors.
Directly instructs MCS labour or subcontractors.
Refuses necessary compliance instructions.
Refuses necessary safety instructions.
Fails to resolve unsafe or non-compliant client-supplied items.
Fails to resolve unsafe or non-compliant designs.
Fails to provide required approvals.
Becomes insolvent.
Acts abusively, threateningly or unreasonably.
Otherwise materially breaches the agreement.
On termination for Client default, the Client must pay all sums due, together with reasonable costs, losses and expenses incurred by MCS, including committed supplier/subcontractor costs, demobilisation, remobilisation, administration and reasonable loss of profit.
39. Limitation of Liability
Nothing in these Terms & Conditions limits or excludes liability for:
Death or personal injury caused by negligence.
Fraud.
Fraudulent misrepresentation.
Liability that cannot legally be limited or excluded.
Statutory rights that cannot lawfully be restricted.
Subject to the above and subject to applicable law, MCS shall not be liable for:
Indirect losses.
Consequential losses.
Speculative losses.
Loss of profit.
Loss of rent.
Loss of opportunity.
Loss of enjoyment.
Loss of business.
Finance costs.
Alternative accommodation costs.
Losses caused by Client delay.
Losses caused by third parties.
Losses caused by client-appointed contractors or consultants.
Losses caused by hidden conditions.
Losses caused by design by others.
Losses caused by Client-supplied items.
Any project-specific liability cap must be expressly stated in a signed contract and should be reviewed against insurance, project value and legal advice.
No liability cap shall apply where liability cannot lawfully be capped.
40. Photographs, Videos and Marketing
MCS may take photographs and videos for:
Site records.
Progress records.
Quality control.
Insurance records.
Building Control evidence.
Internal training.
Portfolio records.
Marketing.
MCS will use reasonable care not to publish personal information, sensitive details, children, private possessions, security details or identifiable private information without appropriate consent.
The Client must notify MCS in writing before works commence if they do not want project images used for marketing.
MCS may always retain site photographs and videos for legitimate project, contractual, evidential, insurance and compliance purposes.
41. Intellectual Property
All proposals, pricing structures, construction methodologies, written documents, schedules, templates, photographs, videos, sketches, notes and other materials created by MCS remain the intellectual property of MCS unless expressly agreed otherwise.
The Client may use MCS documents for the purpose of considering and progressing the MCS project.
The Client must not copy, adapt, reproduce, publish, distribute or provide MCS proposals, pricing structures, scopes, documents or templates to another contractor for pricing, tendering or construction purposes without MCS’s written consent.
This does not apply to documents originally prepared by the Client’s own architect, engineer or consultant.
42. Data Protection and Privacy
MCS may process personal data for the purpose of enquiries, quotations, project management, contract administration, invoicing, compliance, insurance, dispute resolution and record keeping.
Personal data may include names, addresses, telephone numbers, email addresses, project information, photographs, correspondence and payment records.
MCS will process personal data in accordance with applicable data protection laws.
Website privacy, cookie and marketing data terms may be set out separately in MCS’s Privacy Policy.
43. Complaints and Dispute Resolution
If a concern arises, the Client should notify MCS in writing as soon as reasonably possible.
The parties should first seek to resolve the matter through clear communication and a good-faith meeting between decision-makers.
Unless urgent action is required, the parties should try to meet or speak within 14 days of either party requesting a dispute meeting.
Where the issue cannot be resolved directly, the parties may consider mediation before formal proceedings.
As a member of the Federation of Master Builders, MCS may have access to Federation of Master Builders dispute resolution support, including mediation.
Use of mediation does not prevent either party from starting court proceedings where appropriate.
Where adjudication is expressly agreed or legally available, either party may refer a dispute to adjudication in accordance with the applicable procedure.
44. Notices and Communication
Formal notices must be in writing and sent by email, recorded post, hand delivery or another method agreed in writing.
Day-to-day project communication may take place by:
Email.
WhatsApp.
Project management software.
Site meetings.
Telephone.
Agreed messaging groups.
However, the following should always be confirmed clearly in writing:
Variations.
Payment disputes.
Suspensions.
Terminations.
Cancellation.
Changes to scope.
Programme-critical decisions.
Compliance instructions.
Acceptance of additional costs.
A message from the Client requesting work, approving cost, confirming a decision or instructing a change may be treated as written instruction.
45. Force Majeure and Events Outside Reasonable Control
MCS shall not be liable for failure or delay caused by events outside its reasonable control.
Such events may include:
Severe weather.
Fire.
Flood.
Storm.
Pandemic or public health restrictions.
War.
Civil disturbance.
Strikes.
Supplier failure.
Utility failure.
Transport disruption.
Material shortages.
Regulatory delay.
Statutory authority delay.
Building Control delay.
Engineer delay.
Client-appointed consultant delay.
Neighbour disputes.
Events affecting subcontractor availability.
Other events beyond MCS’s reasonable control.
The programme shall be extended by a fair and reasonable period.
MCS may recover reasonable costs where permitted by the Contract Documents or where delay arises from Client or third-party default.
46. No Waiver
Failure by MCS to enforce any right immediately does not mean MCS has waived that right.
Any waiver must be confirmed in writing.
A waiver of one breach does not waive any later breach.
47. Severability
If any clause or part of these Terms & Conditions is found to be invalid, unlawful or unenforceable, the remaining clauses shall continue to apply.
The invalid clause shall be treated as amended only to the minimum extent necessary to make it lawful and enforceable.
48. Entire Agreement
The Contract Documents form the entire agreement between MCS and the Client for the Works.
No statement, promise, estimate, assurance, representation or discussion shall be binding unless included in the Contract Documents or confirmed in a signed written variation.
This does not exclude liability for fraud or fraudulent misrepresentation.
49. Governing Law and Jurisdiction
These Terms & Conditions and any contract incorporating them shall be governed by the laws of England and Wales.
The courts of England and Wales shall have jurisdiction, subject to any mediation, adjudication or alternative dispute resolution procedure agreed or legally available.
50. Project-Specific Contracts
These Terms & Conditions are general customer-facing terms.
Larger, higher-value, complex, commercial, developer-led, public-sector, higher-risk or unusual projects may require a project-specific written contract, such as a JCT contract, NEC contract, Federation of Master Builders style domestic building contract, bespoke construction agreement or other suitable form of contract.
Where a project-specific contract is issued and signed, it shall take precedence over these Terms & Conditions to the extent of any inconsistency.
51. Company Details
MCS Renovations Ltd
Professional building, refurbishment, renovation, conversion and construction services across London and the South East.
Registered office:
128 City Road, London, EC1V 2NX
MCS Renovations Ltd is a member of the Federation of Master Builders.
Member number: 170434