Legal Notice:

Below is a standard set of Terms & Conditions designed specifically for a Scottish domestic and commercial construction / landscaping business operating under Scots law


Terms and Conditions of Business


1. Interpretation & Definitions
• "Contractor" means MacDonald Builders.

• "Client" means the person or company requesting work or services from the Contractor.

• "Works" means the construction, roofing, landscaping, or renovation services specified in the Quote or Estimate.

• "Site" means the property or location where the Works are to be carried out.


2. Quotations and Estimates


• 2.1 Validity: All quotations provided by the Contractor remain valid for 30 days from the date of issue.

• 2.2 Scope: Quotations are based on visual inspection and information provided by the Client. Any unforeseen structural, ground, or hidden conditions (e.g., rotten timber, poor sub-base, hidden pipework) discovered during the Works will require a variation.

• 2.3 Acceptance: Acceptance of a quote (written, email, or oral agreement to start work) constitutes acceptance of these Terms & Conditions.


3. Variations and Extra Work


• 3.1 Client Changes: Any additions, alterations, or changes to materials or design requested by the Client after acceptance of the quote will be treated as a variation.

• 3.2 Pricing Adjustments: Variations will be quoted and agreed upon in writing before execution, and added to the final invoice.


4. Payments, Deposits, and Interim Invoices

• 4.1 Deposit: The Contractor may require a deposit prior to commencing work to secure materials and scheduling.

• 4.2 Interim Payments: For larger projects (extensions, major roofing, full refurbishments), stage payments will be scheduled as agreed in writing prior to start.

• 4.3 Final Payment: The balance is due immediately upon practical completion of the Works.
• 4.4 Overdue

Balances: Late payments may incur interest calculated in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (or standard Scottish Statutory Interest rates for consumer debts) plus administrative recovery costs.


5. Client Obligations and Site Access


• 5.1 Access: The Client must provide continuous, unobstructed access to the Site, including access to electricity and water facilities, during agreed working hours.

• 5.2 Permits & Permissions: The Client is strictly responsible for securing all necessary statutory approvals (e.g., Planning Permission, Building Warrants, Conservation Area consents, neighbor party wall permissions) unless explicitly agreed in writing that the Contractor will handle this.

• 5.3 Property Boundary: The Client must clearly identify legal boundaries for landscaping and fencing work. The Contractor accepts no liability for boundary disputes.


6. Materials & Guarantees


• 6.1 Material Ownership: All materials delivered to the Site remain the legal property of the Contractor until the final invoice has been paid in full.

• 6.2 Natural Variations: For natural stone, timber, or slate products, minor variations in shade, texture, and grain are inherent characteristics and do not constitute defects.


7. Cancellations and Delays


• 7.1 Weather & External Factors: The Contractor accepts no liability for delays caused by severe weather, supply chain shortages, or third-party delays beyond reasonable control.

• 7.2 Cancellation by Client: If the Client cancels a scheduled job, any non-refundable materials already ordered or custom-fabricated will be charged to the Client, along with a reasonable charge for lost scheduled labor time.


8. Limitation of Liability


• 8.1 Exclusions: The Contractor shall not be liable for pre-existing defects, subterranean unforeseen hazards, or damage caused to existing underground cables/pipes not clearly marked by the Client prior to groundwork.

• 8.2 Direct Loss: Liability for direct physical damage to property caused by negligence shall be limited to the value of the Contractor’s Public Liability Insurance policy.


9. Privacy & Data Protection


• 9.1 Personal details collected via the website, contact forms, or phone are stored strictly to communicate, invoice, and fulfill contracts in line with UK GDPR and the Data Protection Act 2018.


10. Governing Law


• 10.1 Jurisdiction: These Terms & Conditions are governed by and construed in accordance with the laws of Scotland, and any disputes will be subject to the exclusive jurisdiction of the Scottish courts.