Terms and Conditions

Definitions

Brief: The project requirements approved by the client.

Letter of Appointment: The document to which these terms are attached.

Company: MSK Design Ltd (reg: 6044594).

Project: Defined in the Letter of Appointment.

Services: Work to be performed by MSK Design Ltd, as specified in the Letter of Appointment.

How we approach projects

As detailed in the page ‘Process’.

Changes to the Brief

Changes to the project brief can affect timelines, fees, and costs. MSK Design Ltd will review and adjust agreements to accommodate additional work as necessary. Extra work will be charged as specified.

Project Timelines

Project start and completion dates depend on meeting all agreement conditions, including payments and information provided by the client. Weekends and public holidays are excluded from the timeline.

Legal Jurisdiction

This agreement is governed by the laws of England and Wales.

MSK Design Ltd's Responsibilities

MSK Design Ltd shall:

• Use reasonable care and skill in providing services.

• Keep the client informed about progress and any significant issues.

• Collaborate with other parties involved in the project.

• Act on behalf of the client as needed.

• Publish project drawings and photos with due consideration for privacy.

Client's Responsibilities

The client shall:

• Be as clear as possible in briefing MSK Design of requirements and the main objectives for the development.

• Provide all necessary and relevant information and history of buildings that are to be worked on.

• Provide as much notice as possible when making changes or variations to the project brief, scope of works and approved details.

• Ensure that adequate funds are in place to meet contractual obligations to MSK Design, the design team and appointed contractors, and that all invoices are settled promptly/in accordance with specified payment terms.

• Adhere to agreed communication protocols with the design team and contractors.

Planning Applications

MSK Design works hard to deliver well thought-out schemes and complex planning applications. We maintain a good success rate on achieving planning consent for planning submissions however, working with planning departments is now becoming increasingly unpredictable and difficult to work with.

We are attentive with submissions and monitor all applications. At times as part of planning negotiations, we may be required to address alterations to achieve an approval. Such matters cannot always be anticipated at submission, in many cases where we are pushing the limits on policy compliance - alterations at planning stage are used as enabling trade-offs to balance policy compliance.

MSK Design can advise on planning matters and guide on how to address applications however, due to the nature of planning system and unpredictable nature of the planning department, MSK Design can never guarantee success at gaining a planning consent.

Where planning consent is achieved, the works that are to be carried out are to be in accordance with the approved drawings and conditions set in the decision notice. The client will be issued a set of the plans considered at planning submission and have access to the approved plans and decision notice on the public record. If a client is not issued such documents or cannot locate them, they are to notify MSK Design of this in writing at the earliest opportunity.

Where a client choses to deviate from an approved plan, scheme, process or building sequence (including complex strategies where consents are mixed together or where works under full planning are to be carried following the completion of works under ‘lawful development'‘), the client will take on full responsibility for all planning obligations and MSK Design Ltd will not be responsible for any action following any failure to comply with a decision notice.

Fees and Payments

• Fees are detailed in the Fee Proposal attached to the Letter of Appointment.

• Payment terms include fixed fees, percentages of project costs, lump sums, or time charges.

• Invoices are due 7 days from the date of issue.

• Late payments will incur interest and additional costs.

Copyright

MSK Design Ltd owns the copyright to all project drawings and documents. Providing that all fees and/or other amounts properly due are paid, the client may use these only for the specific project and not for any reproduction or extension without written consent.

Photography

Photographing our schemes is a critical aspect of our work allowing us to keep an accurate record of our projects. It also enables us to keep our portfolio and website up to date. MSK Design therefore reserves the right to photograph all completed projects.

If a client does not wish for their property to be photographed, it is the client’s responsibility to make this known to MSK Design prior to the appointment of services. Unless MSK Design are made aware of the client’s unwillingness for their property to be photographed, MSK Design will assume that it is permitted to do so throughout the works and upon completion of the project.

Liability and Insurance

MSK Design Ltd maintains professional indemnity insurance for all developments. Liability is limited to the amount covered by professional indemnity insurance.

Assignment and Subcontracting

Neither party may assign the agreement without written consent.

Subcontracting is allowed with client consent, except for structural design subcontracting to partnered engineers.

Dispute Resolution

Our policy is to try to resolve any issue amicably avoiding the escalation of any disagreement. It is a concern for us that the construction industry finds it common to allow disputes to occur and escalate, quite often when a dispute occurs between client and contractor, MSK Design steps in to mediate in a calm and fair tone.

In the event that we are unable to resolve a disagreement amicably with a client, we are committed to resolving disputes by means of mediation or arbitration rather than resorting to litigation.

Termination of contract with Client

Maintaining a healthy and positive working relationship with our clients is important to us. We do accept that at times, a client may wish to terminate their relationship with us. Where this occurs, we will not be obstructive and will effect the termination promptly upon settlement of fees for services carried out to date.

Suspended services by Client

Developments can at times become delayed for a multitude of reasons. At MSK Design, we have seen many projects stalled or delayed for reasons outside of our clients control, that clients may or may not be accountable for.

We seek to be open, amenable and amicable in all instances, we however cannot retain office resources on projects that are at a prolong standstill that has not been factored into any agreement. For services suspended without authorisation for over 3 months, MSK Design reserves the right to service notice to suspend, amend or terminate agreed services with a client.