Terms & Conditions

1. Introduction

These Terms and Conditions ("Terms") govern the provision of construction, refurbishment, renovation, and related services by Proactive Construction ("we", "us", "our") to you ("the Client", "you", "your").

By instructing us to carry out work or accepting a quotation, you agree to be bound by these Terms. Please read them carefully before proceeding. If you have any questions, contact us before accepting.

These Terms are governed by the laws of England and Wales and comply with applicable UK legislation, including the Consumer Rights Act 2015, the Housing Grants, Construction and Regeneration Act 1996, and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

2. Definitions

In these Terms, the following words have the meanings set out below:

• "Contract" — the agreement between us and the Client for the provision of the Services, formed upon acceptance of a Quotation.
• "Services" — the construction, renovation, refurbishment, extension, design, maintenance, or other building works described in the Quotation.
• "Quotation" — our written proposal detailing the scope of work, materials, costs, and estimated timescales.
• "Works" — all labour, materials, and services to be provided under the Contract.
• "Site" — the property or location where the Works are to be carried out.
• "Completion" — the point at which the Works are substantially complete and ready for use by the Client.
• "Defect" — any fault in materials or workmanship that does not conform to the Contract specification.
• "Variation" — any change, addition, or omission to the agreed scope of Works.

3. Our Services

Proactive Construction provides a comprehensive range of construction services across residential and commercial sectors, including:

• House extensions (single-storey, double-storey, and wrap-around)
• Loft conversions and basement conversions
• Full property refurbishments and renovations
• Kitchen and bathroom installations
• New builds and structural alterations
• Commercial fit-outs and office refurbishments
• Roofing, plastering, plumbing, and electrical works
• Design and architectural planning services
• Project management and site supervision

The specific Services to be provided will be detailed in the Quotation and agreed upon before work commences.

4. Quotations & Estimates

All quotations are provided following a site survey or detailed discussion of your requirements. Our quotations include:

• A clear description of the scope of work
• An itemised breakdown of costs where applicable
• Estimated project timescales
• Any assumptions, exclusions, or provisional sums

Quotations are valid for 30 days from the date of issue unless otherwise stated. After this period, we reserve the right to revise the price to reflect changes in material or labour costs.

Where a formal quotation has not been provided, any estimate given verbally or informally is for guidance only and is not binding. The final contract price will be confirmed in writing before work begins.

Unless otherwise stated, quotations do not include the cost of planning applications, Building Regulations fees, Party Wall Act fees, structural engineer reports, or utilities disconnections and reconnections.

5. Formation of Contract

A binding Contract is formed when:

• You accept our Quotation in writing (including by email), or
• You instruct us to proceed with the work described in the Quotation, or
• You make any payment relating to the Quotation.

Upon acceptance, the Contract comprises: the accepted Quotation, these Terms and Conditions, any agreed Variations, and any supplementary documents referenced in the Quotation.

In the event of any conflict between the Quotation and these Terms, the Quotation shall take precedence to the extent of the conflict.

6. Planning Permission & Building Regulations

Where planning permission, Building Regulations approval, or any other statutory consent is required for the Works:

• We will advise you if we believe consent may be required, but it remains your responsibility to obtain all necessary permissions before work commences, unless we have specifically agreed in writing to handle this on your behalf.
• Where we agree to manage planning or Building Regulations applications, any associated fees will be identified in the Quotation or charged as an additional cost.
• We shall not be liable for any delays, costs, or losses arising from the refusal or delay of planning permission or Building Regulations approval, unless caused by our negligence.
• All works will be carried out in compliance with relevant Building Regulations and British Standards.

If the Works require a Party Wall Agreement under the Party Wall etc. Act 1996, it is the Client's responsibility to serve the required notices and reach agreement with adjoining owners before work begins.

7. Client Obligations

To enable us to carry out the Works efficiently and safely, the Client agrees to:

• Provide safe, clear, and unobstructed access to the Site at all agreed times
• Ensure all necessary permissions, consents, and approvals are in place before the start date
• Provide accurate and complete information about the Site, including any known issues such as asbestos, structural defects, or restricted access
• Make timely decisions when selections or approvals are required (e.g. materials, finishes, layouts) to avoid delays
• Provide reasonable access to water, electricity, and toilet facilities on Site
• Remove or protect personal belongings, furnishings, and valuables in the work area before the Works begin
• Not interfere with the Works or instruct our workforce directly — all instructions must be communicated through the designated project manager

We shall not be liable for any delays or additional costs caused by the Client's failure to meet these obligations.

8. Payment Terms

Payment terms will be set out in the Quotation and may vary depending on the size and nature of the project. The standard payment structure is as follows:

Invoices are payable within 14 days of the date of issue unless otherwise agreed in writing. Payment may be made by bank transfer, cheque, or other agreed method.

If any payment is not received by the due date, we reserve the right to:

• Charge interest on the outstanding amount at the rate of 4% above the Bank of England base rate
• Suspend the Works until payment is received, in accordance with our rights under the Housing Grants, Construction and Regeneration Act 1996
• Recover any reasonable costs incurred in pursuing the outstanding debt

We will provide a payment notice specifying the amount due and the basis of its calculation in accordance with the Construction Act 1996.

9. Variations & Additional Work

If you wish to make changes to the agreed scope of Works after the Contract has been formed, or if unforeseen circumstances arise that require additional work, the following process applies:

• All Variations must be agreed in writing before the additional work is carried out
• We will provide a written estimate of the cost and time implications of the Variation
• Upon your written approval, the Variation will form part of the Contract
• Variations may affect the project timescale and completion date

Where unforeseen conditions are discovered during the Works (e.g. structural issues, hidden services, asbestos, or contamination), we will notify you promptly, advise on the required remedial work, and provide a cost estimate before proceeding.

We shall not be held responsible for delays or additional costs arising from necessary Variations caused by unforeseen Site conditions.

10. Project Timescales

Estimated project timescales will be provided in the Quotation and are given in good faith based on the information available at the time. However, timescales are estimates only and are not guaranteed unless expressly stated as a fixed completion date in the Contract.

The following factors may affect the project timeline:

• Delays caused by weather conditions
• Client-requested Variations or changes to the scope of work
• Late or delayed decisions from the Client on materials, finishes, or design choices
• Delays in the supply or delivery of materials
• Unforeseen structural or site conditions
• Delays in obtaining planning permission, Building Regulations approval, or Party Wall agreements
• Works required by utility providers or statutory authorities
• Force majeure events (see Section 18)

We will keep you informed of progress and notify you promptly of any significant delays. Where a delay occurs due to a cause beyond our reasonable control, the project timeline will be extended accordingly.

11. Materials & Workmanship

We are committed to delivering high-quality construction work. All Works will be carried out:

• With reasonable care and skill, in accordance with the Consumer Rights Act 2015
• Using materials that are of satisfactory quality and fit for purpose
• In compliance with applicable Building Regulations, British Standards, and industry best practices
• In a professional and workmanlike manner

Where specific materials, brands, or finishes are specified in the Quotation, we will use those materials. If a specified product becomes unavailable, we will consult with you and propose a suitable alternative of equal or better quality at no additional cost, unless the alternative is more expensive.

Title to all materials supplied by us passes to the Client upon payment in full. Until payment is received, we retain ownership of all materials and goods supplied.

12. Warranties & Defects

We stand behind the quality of our work. The following warranty terms apply:

• Workmanship warranty: We guarantee all workmanship for a period of 12 months from the date of Completion. During this period, we will rectify any Defects in workmanship at no additional cost, provided the Defect is reported in writing.
• Materials warranty: Materials supplied by us carry the manufacturer's warranty where applicable. We will assist you in making any warranty claims with the manufacturer.
• Structural work: Where structural alterations or extensions are carried out, these may be covered by additional warranties or guarantees (e.g. NHBC, insurance-backed guarantees) where agreed in the Quotation.

Our warranty does not cover:

• Damage caused by the Client, third parties, or subsequent works by others
• Normal wear and tear, shrinkage, or settlement
• Defects arising from materials supplied by the Client
• Issues caused by the Client's failure to maintain the Works as recommended

In addition to our warranty, your statutory rights under the Consumer Rights Act 2015 remain unaffected. If the Services do not conform to the Contract, you have the right to require us to redo the work, or to a price reduction.

13. Insurance & Liability

We maintain comprehensive insurance cover, including:

• Public liability insurance — covering claims for injury to third parties or damage to third-party property arising from our Works
• Employer's liability insurance — as required by law, covering our employees and operatives
• Contract works insurance / All-risks insurance — covering the Works against damage or loss during the construction phase (where applicable)

Copies of our insurance certificates are available on request.

Limitation of liability

Our total liability under or in connection with the Contract shall not exceed the total contract value, except in cases of personal injury or death caused by our negligence, or fraud.

We shall not be liable for any indirect or consequential losses, including loss of profit, loss of use, loss of opportunity, or damage to property not forming part of the Works, except where such loss results from our breach of contract or negligence.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.

The Client is responsible for maintaining adequate buildings insurance throughout the project, including cover for fire, flood, storm, and subsidence.

14. Health & Safety

We take health and safety seriously and comply with all applicable legislation, including:

• The Health and Safety at Work etc. Act 1974
• The Construction (Design and Management) Regulations 2015 (CDM 2015)
• The Control of Asbestos Regulations 2012
• The Work at Height Regulations 2005

Where the project is notifiable under CDM 2015 (i.e. works lasting longer than 30 working days with more than 20 workers on site at any one time, or exceeding 500 person-days), we will advise you of your duties as Client and assist you in meeting your obligations.

For your safety and that of our workforce, we ask that you and members of your household:

• Do not enter designated work areas without prior arrangement
• Keep children and pets away from the work zone at all times
• Follow any safety instructions or signage displayed on Site

15. Cancellation & Cooling-Off Period

If the Contract was agreed at your home or away from our business premises (an "off-premises" contract), or was agreed at a distance (e.g. by email or phone without a face-to-face meeting), you have a statutory right to cancel the Contract within 14 calendar days of the date the Contract was formed, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

To cancel, you must notify us in writing (by letter or email) within the 14-day period. You may use the following contact details:

If you have requested that work begins within the 14-day cooling-off period and you subsequently cancel, you will be required to pay for any work already completed and materials already ordered or supplied, calculated on a proportionate basis.

If the Contract was agreed at our business premises and no distance selling was involved, the statutory cooling-off period does not apply. However, you may still cancel subject to Section 16 (Termination).

16. Termination

Termination by the Client

You may terminate the Contract at any time by giving us written notice. In the event of termination by the Client:

• You must pay for all work completed up to the date of termination
• You must reimburse us for any materials already ordered or purchased for the project that cannot be returned
• You must pay any reasonable costs, expenses, or losses incurred as a direct result of the termination

Termination by Proactive Construction

We may terminate the Contract by giving you written notice if:

• Payment is not received within 28 days of the due date and remains outstanding after a written reminder
• The Client is in material breach of any obligation under the Contract and fails to remedy the breach within 14 days of written notice
• It becomes impossible or impractical to carry out the Works due to circumstances beyond our reasonable control
• The Client becomes insolvent, enters administration, or is subject to a bankruptcy order

In the event of termination by us, the Client must pay for all work completed and materials supplied to the date of termination.

17. Dispute Resolution

We are committed to resolving any disagreements fairly and promptly. If a dispute arises in connection with the Contract, the following process applies:

• Step 1 — Direct discussion: In the first instance, please contact our project manager or office to discuss the issue. Most concerns can be resolved through open communication.
• Step 2 — Written complaint: If the matter is not resolved informally, please submit a written complaint to sales@proactiveconstruction.co.uk. We will acknowledge your complaint within 5 working days and aim to resolve it within 14 working days.
• Step 3 — Mediation: If the dispute remains unresolved, either party may propose mediation through an independent mediator agreed by both parties. Mediation costs will be shared equally unless otherwise agreed.
• Step 4 — Adjudication: For construction contracts falling within the scope of the Housing Grants, Construction and Regeneration Act 1996, either party has the right to refer the dispute to adjudication at any time.
• Step 5 — Court proceedings: As a last resort, either party may bring proceedings in the courts of England and Wales.

Nothing in this section prevents either party from exercising their statutory rights or seeking urgent injunctive relief from a court.

18. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations under the Contract where such failure or delay is caused by circumstances beyond their reasonable control, including but not limited to:

• Acts of God, natural disasters, severe weather, or flooding
• Epidemics, pandemics, or public health emergencies
• War, terrorism, civil unrest, or government action
• Strikes, lockouts, or industrial action (other than by the affected party's own employees)
• Failure or shortage of power, materials, or transport
• Changes in law or regulation that materially affect the Works

The affected party must notify the other party as soon as reasonably practicable, explaining the nature and expected duration of the event. The project timeline will be extended by a period equal to the delay caused. If a force majeure event continues for more than 90 days, either party may terminate the Contract by giving written notice.

19. Data Protection

We handle all personal data in accordance with our Privacy Policy and in compliance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

Personal data collected in connection with the Contract will be used only for the purposes of delivering the Services, managing the project, and meeting our legal obligations. We will not share your data with third parties except where necessary for the performance of the Contract or as required by law.

For full details of how we collect, use, and protect your data, please see our Privacy Policy.

20. General Provisions

Entire agreement

The Contract (comprising the Quotation, these Terms, and any agreed Variations) constitutes the entire agreement between the parties and supersedes all prior discussions, representations, and agreements, whether written or oral.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed and the remaining provisions shall continue in full force and effect.

Waiver

A failure by either party to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be made in writing to be effective.

Assignment

The Client may not assign or transfer their rights or obligations under the Contract without our prior written consent. We may subcontract any part of the Works to qualified subcontractors, provided we remain responsible for the quality and performance of the subcontracted work.

Third-party rights

These Terms do not confer any rights on any person or party other than the parties to the Contract under the Contracts (Rights of Third Parties) Act 1999.

Governing law and jurisdiction

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.

21. Contact Us

If you have any questions about these Terms and Conditions or need further information, please contact us: