SJF Engineering – Structural Engineering Consultancy

These Terms and Conditions (“Terms”) govern the provision of structural engineering consultancy services (“Services”) by [SJF Engineering] (“Consultant”, “we”, “us”, or “our”) to the client (“Client”, “you” or “your”).

Last updated: 01, May, 2025

1.     Engagement

  • By engaging our services, you agree to these Terms and authorize us to provide structural engineering consulting services as described in our proposal or scope of work.
  • It is assumed that any instruction from you is an acceptance of these Terms and Conditions unless a separate agreement has been reached.
  • You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

2.     Scope of Services

  • SJF Engineering will perform the agreed-upon services in a professional and timely manner, in accordance with industry standards. Any additional services requested that fall outside of the agreed scope will be subject to a separate fee and written agreement.
  • SJF Engineering 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 in respect of any additional services.
  • We do not currently provide:
  • Architectural design and draughting, design of non-structural building elements such as insulation, drainage, heating etc;
  • Geotechnical surveying, soil testing or pile design. We can, however, engage specialists to carry out this work as required in connection with our projects;
  • Valuations, construction cost estimates or financial judgements, except strictly within the terms of engineering design;
  • Project management, quantity surveying or site supervision, other than in the role of consulting engineer, concerned with matters of structural engineering only.
  • We define design as the analysis of loads on the building or structure and the selection of load-bearing elements to safely handle those loads, as directed by the relevant British and/or European Standards, Building Regulations or NHBC guidelines.
  • The suitability of the structural elements and their connections with other elements will be proved by calculation, and sketches will be provided to illustrate their arrangement and construction.
  • SJF Engineering is unable to provide any accurate cost advice unless it is specifically included within our Fee Proposal.  If build cost rates are discussed by SJF Engineering, this information must be considered as approximate non- specific cost advice.  If accurate cost advice is required then SJF Engineering will, at the request of the Client, obtain a quotation from a suitably qualified Quantity Surveyor to accurately cost the proposed works.
  • Our design will be undertaken in accordance with relevant regulations and standards, subject to professional judgment.  Our Fee Proposal does not include for amendments due to preferences required by any reviewer or approver.
  • Whilst we make reasonable efforts to check and validate information supplied by clients and third parties, we cannot be responsible for errors arising directly or indirectly from incorrect information supplied to us.
  • All works carried out by a Chartered Engineer.

3.     Client Responsibilities

  • Unless specifically agreed in writing to the contrary, the Client is the person, Company, Authority or other body to whom our Fee Quotation is addressed, unless the Client is specifically identified otherwise and the Company, Authority or other body to whom our Fee Quotation is addressed holds full legal agency to agree to enter into a contract with the Company on the Client’s behalf.
  • The Client agrees to:
    • Provide accurate and complete information relevant to the project.
    • Grant access to the site and all necessary documentation.
    • Respond to inquiries or requests in a timely manner to avoid project delays.
  • The services outlined in the Fee Proposal will proceed only once the Client has accepted the Fee Proposal and these Terms and Conditions.

4.     Fees and Payment Terms

  • All fees will be clearly outlined in the proposal or quotation provided. All rates and fees quoted are exclusive of VAT. And VAT will be charged at the prevailing rate at the time of the commission.
  • Invoices are due within 14 days of issue unless otherwise stated in writing.
  • A late payment fee of 2% per month may be charged on overdue amounts.
  • The Client is responsible for any additional costs, such as permit fees, specialist surveys, or third-party consultant fees, unless otherwise agreed.
  • The client shall pay all the fees in full without deduction by way of set off, counterclaim, discount, abatement, retention or otherwise.
  • If there are queries or problems with the service provided, please make contact at the earliest opportunity, to enable us to address the issue promptly. Do not wait until the invoice is overdue for payment.
  • If the Client intends to withhold any payment, they shall notify the Company not less than one day before the final date for payment, stating the grounds for withholding payment and the deduction attributable to each ground.
  • Where other specialist contractors are engaged in connection with the project under our instruction, for example soil testing or borehole investigation, we will request the contractor to provide a quotation and invoice the client directly.

5.     Release of Reports and Deliverables

  • All structural reports, drawings, certificates, or other formal deliverables will only be released to the Client upon full payment of all outstanding invoices related to the project.
  • Preliminary findings may be discussed verbally or via draft documents at the Consultant’s discretion but shall not be relied upon until finalized documentation is issued.
  • The copyright of our Report remains vested with SJF Engineering.
  • Our Reports are confidential to our Clients and CWT Partnership Ltd and we do not accept responsibility to third parties to whom our Report, or any part thereof, is made known, without formal agreement beforehand.
  • It must be remembered that the condition of any property is a constantly changing variable. With the passage of time new defects can arise and existing ones worsen. The report should only be taken as a record of the property’s condition at the time of the inspection.
  • The information provided is authorised for use only on the specific building or structure identified on the project information, and may not be used for another project without written permission.

6.     Intellectual Property

  • All intellectual property and copyright in the reports, drawings, and documents prepared by SJF Engineering remain the property of the SJF Engineering unless otherwise agreed in writing.
  • All native format files remain the property of the Company and will not be released unless this provision is contained within our Fee Proposal.  All documents will be issued in .pdf format for use by the Client unless a provision for other formats is contained within our Fee Proposal.
  • SJF Engineering’s work will remain the exclusive property of SJF Engineering until the relevant invoice is paid in full, and SJF Engineering accepts no liability or obligation for any reports, designs, drawings or other services, for which our rendered invoices remain unpaid.

7.     Limitation of Liability

  • SJF Engineering shall not be liable for any indirect, incidental, or consequential losses.
  • Liability for third-party work or decisions made based on the report is excluded.
  • SJF Engineering carries Professional Indemnity Insurance, which covers loss or damage arising from the actions or omissions of the practice, its employees and associates. The details of the policy are available on request.
  • No action or proceedings under or in respect of [this Agreement] whether in contract, in tort [delict], in negligence, for breach of statutory duty or otherwise shall be commenced against SJF Engineering after the expiry of 6 years from the date of completion of services or the termination of the services if earlier.
  • We shall be under no liability if we are unable to carry out any of our services for any reason beyond our control including (without limiting the foregoing); act of God, acts of terrorism, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or any other action taken by employees in contemplation or furtherance of dispute.
  • SJF Engineering accept no responsibility for any costs associated with the failure to advise on The Party Wall etc. Act 1996.
  • SJF Engineering accept no responsibility for any costs associated with the failure to advise on boundaries, easements, underground or overhead services and rights of light.
  • Whilst reasonable efforts will be made to commence and complete the works in accordance with the agreed programme, the Company accepts no responsibility for losses associated with delays.

8.     Termination

  • Either party may terminate the engagement with written notice. The Client shall remain liable for all services rendered up to the date of termination, including any work completed but not yet invoiced.
  • Any work instructed and subsequently cancelled may attract abortive costs.  Abortive costs will be charged at the Company’s standard hourly rates plus reimbursable costs and expenses as appropriate.  External specialist services and surveys will also be chargeable, or any part thereof, where costs are incurred prior to cancellation.

9.     Force Majeure

  • We shall be under no liability if we are unable to carry out any of our services for any reason beyond our control including (without limiting the foregoing); act of God, acts of terrorism, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or any other action taken by employees in contemplation or furtherance of dispute.

10.            Governing Law

  • These Terms and Conditions, and any dispute or claim arising from or in connection with them (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of England, Wales, and Scotland.
  • All work undertaken by the Company will be carried out in accordance with the professional standards of the Institution of Civil Engineers (ICE) and in compliance with applicable statutory and regulatory requirements.

11.            Amendments

  • These Terms may only be amended in writing, signed by both parties.
  • Requests by the Client to amend the agreed scope of work, timelines, or deliverables must be made in writing and may be subject to review, additional charges, or revised delivery dates. Any agreed amendments will be confirmed by SJF Engineering in writing.
  • SJF Engineering reserves the right to amend or update these Terms and Conditions at any time. Any changes will take effect from the date they are published and will apply to all new engagements or ongoing work where reasonable notice has been provided.

12.            GDPR

  • SJF Engineering shall hold personal information of the Client only that which it believes is necessary for SJF Engineering to provide the agreed services. The Client has the rights under the General Data Protection Regulation, 2018 to request the information The Company holds and to make any necessary changes to ensure that it is accurate and kept up to date. The Company, will not, without prior consent by the Client, pass any personal information onto any third-parties except where required to do so by statue, legal reasons or requested by the government.

13.            Surveys

  • In performing any intrusive investigation, the Company will fulfil its commitment to diligence and working safety by exercising reasonable skill and care with respect of the avoidance of services, including, where specifically instructed, the appointment of a specialist service tracing company.  Any service drawings for the site must be provided by the Client to the Company, if available, prior to the intrusive works commencing.  Should these not be available, the Company will be given sufficient time by the Client to seek to obtain statutory service plans prior to the works commencing.  It is not however possible for the Company to accept liability for damage to underground services, or subsequent arising damages, unless their location is clearly defined to us by the Client prior to the commencement of works.
  • The scope of the survey will be defined in writing prior to commencement. The survey will be limited to visual inspection and non-invasive assessment unless otherwise agreed in advance. Any additional services (e.g. opening up works, testing, or specialist input) will be subject to a separate agreement.
  • It is the Client’s responsibility to ensure safe, unobstructed access to all relevant areas of the property. Where areas are inaccessible or unsafe at the time of the survey, they will be excluded from the inspection and noted in the report.
  • Survey findings are based on conditions observed at the time of inspection. No liability is accepted for concealed or future structural issues that could not reasonably have been identified without intrusive investigation, unless such investigation has been explicitly included in the agreed scope.
  • All site visits and inspections will be conducted in accordance with current health and safety regulations. If site conditions are deemed unsafe, the engineer reserves the right to postpone or modify the survey accordingly.
  • Clients must provide at least 48 hours’ notice for cancellations or rescheduling of a booked survey. Short-notice cancellations may incur a fee to cover time and travel costs.