Terms & Conditions
Disclaimer for Construction Operations Management Services (COMS)
The services provided by Construction Operations Management Services (COMS) are intended to offer expert guidance, advice, and project management support. All information, recommendations, and services are based on our professional judgement, experience, and the details provided to us by the client, their appointed contractors, and other third parties.
COMS IS NOT THE PRINCIPAL CONTRACTOR. Unless explicitly stated otherwise in a formal, written contract for a service such as COMS Plus, the client retains all legal duties and responsibilities as the 'Client' under the Construction (Design and Management) Regulations 2015 (CDM 2015). This includes but is not limited to:
Making suitable arrangements for managing the project.
Appointing a Principal Designer and a Principal Contractor.
Ensuring that arrangements are maintained and reviewed throughout the project.
COMS accepts no liability for decisions made by the client or their appointed contractors, nor for any loss or damage arising from inaccurate or incomplete information provided to us. Our services are advisory and supervisory in nature and do not constitute legal advice.
Terms and Conditions for Construction Operations Management Services (COMS)
1. General
These Terms and Conditions (T&Cs) govern the provision of services by Construction Operations Management Services (COMS), a company registered in England and Wales, to the Client. By engaging COMS, the Client agrees to be bound by these T&Cs.
2. Scope of Services
The specific services to be provided by COMS (the Services) will be detailed in a separate, formal written proposal, contract, or statement of work (the Proposal). The Proposal will specify the deliverables, responsibilities, and timelines for the agreed service package. Any changes to the Services must be agreed upon in writing by both parties.
3. Client’s Obligations
The Client agrees to:
Provide COMS with all necessary and accurate information, documentation, and access to the project site in a timely manner.
Ensure that all necessary statutory approvals, licences, and permissions are in place before commencement of works.
Make timely decisions and provide prompt feedback on matters requiring their approval.
Appoint and manage the Principal Contractor and other duty holders as required under CDM 2015, unless these duties are explicitly undertaken by COMS as part of a specific service package (e.g., COMS Plus).
4. Fees and Payment Terms
Fees: Fees for the Services will be as specified in the Proposal. This may be a fixed fee, a day rate, or an agreed percentage of the total project value.
Invoicing: Invoices will be issued in accordance with the payment schedule outlined in the Proposal (e.g., upfront retainer, monthly, or upon completion of milestones).
Payment Terms: All invoices are payable within 14 calendar days of the invoice date.
Late Payment: COMS reserves the right to charge statutory interest on overdue invoices at the rate of 8% plus the Bank of England base rate, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
5. Termination of Services
Client’s Right to Terminate: The Client may terminate the Services at any time by providing 30 calendar days' written notice to COMS.
COMS’s Right to Terminate: COMS may terminate the Services by providing 30 calendar days' written notice to the Client if there is a material breach of these T&Cs, including but not limited to, failure to make payment as per the agreed terms.
Payment upon Termination: Upon termination, the Client shall pay COMS for all Services rendered and expenses incurred up to the termination date. Any upfront payments or retainers are non-refundable unless otherwise agreed in writing.
6. Limitation of Liability
COMS’s total aggregate liability to the Client for any and all claims arising out of or in connection with the Services shall not exceed the total fees paid by the Client to COMS for the specific Services in question. COMS shall not be liable for any indirect, consequential, or economic loss or damage, including loss of profit, revenue, or business, howsoever arising.
7. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations if such delay or failure is due to an event beyond their reasonable control, including but not limited to acts of God, war, terrorism, fire, flood, or industrial disputes.
8. Governing Law and Jurisdiction
These T&Cs and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these T&Cs.