BBX CONSTRUCTION LIMITED

TERMS AND CONDITIONS FOR RENOVATION SERVICES

1. Definitions

In these Terms:

“Company” means BBX Construction Limited.

“Client” means the person or persons engaging the Company.

“Estimate” means the estimate issued by the Company.

“Works” means the labour, services, materials, and related items described in the Estimate and any agreed written variations.

“Site” means the property at which the Works are to be carried out.

“Contract Documents” means these Terms, the Estimate, the Scope of Works, and any written variations agreed between the parties.

2. Basis of Contract

2.1 These Terms apply to all Works carried out by the Company unless otherwise agreed in writing.

2.2 The contract is formed when the Client does any one or more of the following:

(a) signs the Estimate or other contract document;

(b) confirms acceptance in writing, including by email or message;

(c) pays any deposit or stage payment; or

(d) instructs the Company to commence or continue the Works.

2.3 These Terms should be read together with the Estimate and Scope of Works. If there is any inconsistency, the following order applies:

(a) written variations;

(b) the Estimate / Scope of Works;

(c) these Terms.

2.4 Nothing in this contract excludes or limits any statutory rights the Client may have under applicable Irish law where the Client is acting as a consumer.

3. Scope of Works

3.1 The Company shall carry out only the Works expressly described in the Contract Documents.

3.2 Any item, service, material, finish, fitting, certification, design service, permit, application, approval, or third-party cost not expressly included is excluded unless agreed in writing.

3.3 All estimates are based on a non-invasive visual inspection only unless stated otherwise. No opening-up works, testing, or intrusive investigation are included unless specifically stated in writing.

3.4 The Company shall not be responsible for inaccuracies in pricing, timing, or scope arising from hidden, inaccessible, or undisclosed conditions not reasonably visible at the time of estimating.

4. Design, Layout and Client Decisions

4.1 The Company is a building contractor and not a design consultancy, architect, engineer, or interior designer unless expressly agreed in writing.

4.2 Where the Client does not provide written drawings, dimensions, specifications, or clearly stated written requirements, the Works shall be carried out using reasonable assumptions, standard building practice, and standard construction tolerances.

4.3 Any suggestions, comments, or practical recommendations made by the Company do not constitute professional design advice.

4.4 Unless expressly agreed otherwise in writing, the Client remains responsible for:

(a) final layout decisions;

(b) dimensions, clearances, and sizing requirements;

(c) suitability of selected products or finishes for the Client’s intended use;

(d) aesthetic preferences, proportions, and appearance; and

(e) confirming that any Client-requested layout or design is appropriate for the Site.

4.5 The Company shall not be liable for dissatisfaction arising solely from design preference, layout preference, proportions, or dimensions where these were not specified clearly in writing before the Works were ordered or commenced.

4A. Project Management / Coordination Role

4A.1 Unless expressly stated otherwise in writing, the Company is engaged as a building contractor only and not as a project manager, contract administrator, architect, engineer, quantity surveyor, designer, or professional advisor.

4A.2 Where the Company agrees to assist with project coordination, such role shall be limited to reasonable coordination of the Company’s own works and, where applicable, practical liaison with suppliers or third-party trades connected to the Works.

4A.3 Any such coordination role does not include responsibility for:

(a) overall project design;

(b) preparation or checking of drawings, dimensions, or specifications;

(c) statutory compliance design;

(d) obtaining permissions, licences, consents, or approvals unless expressly agreed in writing;

(e) supervision or control of third-party contractors appointed directly by the Client;

(f) verification of the quality, price, timing, or contractual performance of third-party contractors;

(g) overall programme management for the entire project beyond the Company’s own scope of Works.

4A.4 Where the Client appoints third-party contractors directly, those parties shall remain fully responsible for their own works, access, insurance, certification, supervision, health and safety obligations, workmanship, and compliance.

4A.5 If the Company is requested to arrange or recommend third-party trades, specialists, or suppliers, the Company does so as a practical assistance only unless it is expressly agreed in writing that such party is being engaged by the Company as part of the Company’s own contract scope.

4A.6 The Client acknowledges that any project management, coordination, sequencing, procurement support, or attendance at meetings beyond the normal management of the Company’s own Works may be charged separately unless expressly included in the Estimate.

4A.7 No statement, message, attendance, or assistance by the Company shall be interpreted as the Company assuming a full project management or professional design responsibility unless that role is expressly described in writing and priced accordingly.

5. Estimates and Pricing

5.1 Unless otherwise stated, estimates are valid for 30 calendar days from the date of issue.

5.2 Unless otherwise stated, all prices are based on standard specifications, being proven, readily available, mid-range products and normal installation methods suitable for typical residential renovation works in Ireland.

5.3 Unless expressly included, no allowance is made for:

(a) specialist finishes;

(b) premium or bespoke products;

(c) non-standard detailing;

(d) unusual sequencing;

(e) exceptional protection measures;

(f) specialist access equipment;

(g) abnormal lifting, carrying, or storage requirements.

5.4 The Client must review the Estimate carefully before acceptance and notify the Company of any apparent discrepancy as soon as reasonably possible.

5.5 The Company may correct genuine clerical or calculation errors before or after acceptance, provided the Client is notified promptly and given the opportunity to accept the correction before the affected work proceeds.

6. Payment Terms

6.1 Unless otherwise stated in writing, payment shall be made as follows:

(a) any agreed deposit to secure the booking and start date;

(b) 40% of the contract sum due no later than the first day of works on Site;

(c) further staged payments of 20% in advance as the Works progress, or as otherwise stated in the Estimate;

(d) the final balance due within 7 calendar days of practical completion, or within 7 calendar days of written notification that the Works or the relevant stage are substantially complete, whichever occurs first.

6.2 The Company may issue invoices for deposits, stage payments, variations, ordered materials, or completed stages in accordance with the agreed payment structure. If not explicitly discussed, invoices are issued by default at the end of the project. 

6.3 Unless stated otherwise, VAT is included only where expressly shown. The applicable VAT rate shall be the rate properly chargeable under Irish law for the relevant goods or services.

6.4 Where the contract distinguishes between labour-only, supply-and-fit, or third-party supplied items, invoicing may reflect that distinction.

6.5 The Client shall not withhold payment for minor snagging items that do not materially prevent normal use of the relevant area or item.

6.6 If any amount remains unpaid for more than 5 calendar days after its due date, the Company may, on written notice:

(a) suspend the Works;

(b) postpone further deliveries or attendances;

(c) recover reasonable debt recovery costs; and/or

(d) charge interest on overdue sums at a rate not exceeding 2% per month.

6.7 Suspension for non-payment shall extend the programme and the Company shall not be responsible for resulting delay, remobilisation costs, or supplier rebooking costs.

7. Deposits

7.1 Any deposit paid is taken to secure booking, scheduling, administration, and allocation of labour and resources.

7.2 The deposit is not automatically refundable where the Client cancels after acceptance. However, any retained amount shall be limited to a reasonable sum having regard to losses, time reserved, administration, materials ordered, and costs incurred by the Company.

7.3 This clause is subject to any cancellation rights the Client may have under applicable consumer law.

8. Consumer Cancellation Rights

8.1 If the Client is a consumer and the contract is concluded off-premises, online, by phone, or otherwise at a distance, the Client may have statutory cancellation rights under Irish consumer law.

8.2 Where such rights apply, the Company will provide the Client with the information required by law regarding the cancellation period, the method of cancellation, and the consequences of requesting early commencement during that period.

8.3 If the Client asks the Company to begin the Works during any statutory cancellation period, the Client shall provide that request expressly in writing.

8.4 Where cancellation rights apply and the Client validly cancels after requesting early commencement, the Company may be entitled to payment for work properly carried out up to the date of cancellation, to the extent permitted by law. 

9. Price Fluctuation and External Cost Changes

9.1 Unless expressly stated otherwise in writing, pricing for materials, transport, fuel, disposal, and third-party supplier costs is based on prices available at the time of estimation.

9.2 If, after acceptance, there is a demonstrable increase in the cost of materials, transport, fuel, waste charges, or essential third-party services outside the Company’s reasonable control, the Company may propose a proportionate price adjustment for the affected portion of the Works.

9.3 The Company shall give written notice of the proposed adjustment before incurring the affected cost where reasonably possible.

9.4 If the Client does not accept the revised price, the Company may suspend or omit the affected part of the Works, or either party may cancel that affected part only, without liability for the unperformed portion, save for payment of work already carried out and costs already incurred.

10. Variations

10.1 Any change to the scope, sequence, materials, dimensions, finishes, design, labour requirement, or delivery arrangement is a variation.

10.2 Variations must be agreed in writing before the varied work proceeds, except in emergencies or where urgent protective work is reasonably necessary.

10.3 Variations may affect price and programme.

10.4 The Company may charge reasonable additional sums for labour, materials, supervision, collection, delivery, disposal, administration, and remobilisation arising from a variation.

10.5 Verbal instructions are not binding unless later confirmed in writing by the Company.

10.6 The Company reserves the right to refuse any proposed variation where it is not reasonably practicable to carry out the change, including but not limited to where the variation:

(a) conflicts with the existing scope or completed works;

(b) would cause unreasonable disruption to sequencing or programme;

(c) requires rework of completed elements;

(d) introduces safety risks or compliance concerns;

(e) depends on unavailable materials, labour, or third-party services; or

(f) is not agreed in writing, including price and time implications.

11. Unforeseen and Latent Conditions

11.1 Renovation works may reveal hidden or latent conditions including, without limitation:

(a) defective structure;

(b) damp, mould, rot, or infestation;

(c) asbestos or hazardous materials;

(d) defective wiring;

(e) non-compliant or deteriorated plumbing;

(f) hidden voids, poor substrates, or unstable finishes;

(g) water ingress;

(h) undocumented prior works.

11.2 Such conditions are not included in the original contract price unless expressly stated.

11.3 If such conditions are discovered, the Company may:

(a) stop work in the affected area;

(b) make the area safe;

(c) issue a revised estimate or variation; and

(d) extend the programme accordingly.

11.4 Hidden conditions shall not, by themselves, be treated as evidence of defective workmanship by the Company.

12. Programme and Delays

12.1 Any stated start date, duration, or completion date is an estimate unless expressly stated in writing to be fixed.

12.2 The Company shall not be responsible for delay caused by:

(a) variations;

(b) Client delay or late decisions;

(c) restricted or denied access;

(d) hidden site conditions;

(e) supplier shortages or delivery failures;

(f) weather;

(g) force majeure;

(h) third-party contractors;

(i) management company rules;

(j) late payment;

(k) waiting for approvals, instructions, selections, or specifications.

12.3 Time shall be extended by a reasonable period where delay arises from any of the above matters.

12.4 The Company shall not be liable for indirect or consequential loss arising from delay.

13. Client Responsibilities

13.1 The Client shall:

(a) provide safe, lawful, and continuous access to the Site;

(b) ensure the work area is reasonably clear and ready;

(c) remove valuables, fragile items, and personal belongings from affected areas;

(d) keep children, pets, tenants, visitors, and other third parties away from active work areas;

(e) notify the Company of any third-party contractors attending the Site;

(f) ensure that Client-supplied items are correct, suitable, undamaged, and available on time;

(g) provide timely decisions, approvals, and selections;

(h) obtain all permissions, consents, permits, parking suspensions, licences, and management company approvals unless expressly agreed otherwise in writing.

13.2 The Client is responsible for ensuring that any information given by the management company, landlord, owners’ management company, or similar body is provided to the Company before commencement.

13.3 The Company shall not be liable for delay, extra cost, or disruption caused by incomplete or late information from the Client or third parties connected to the Site.

14. Site Access, Apartments and Logistics

14.1 The Client must provide reasonable access to the Site, utilities, loading/unloading arrangements, and working space as reasonably required.

14.2 For apartment works, managed developments, or restricted-access sites, the Client shall provide all relevant rules in advance, including:

(a) permitted working hours;

(b) parking restrictions;

(c) lift booking requirements;

(d) noise restrictions;

(e) waste handling rules;

(f) protection requirements for common areas.

14.3 Delivery, removal, handling, and disposal costs may increase where additional labour or special arrangements are required, including because of:

(a) apartment access;

(b) no lift or restricted lift use;

(c) long carrying distance;

(d) wheeled skips only;

(e) limited parking;

(f) restricted loading times;

(g) management company requirements.

14.4 Additional costs reasonably arising from such conditions may be charged as a variation.

14.5 The Company will take reasonable care to protect existing surfaces and common areas in the immediate working zone, but is not responsible for pre-existing damage, normal site wear, or restrictions imposed by third parties.

15. Waste, Removal and Skips

15.1 Unless expressly stated in writing, skip permits, parking permits, road licences, and similar permissions are not included and remain the Client’s responsibility.

15.2 Skip numbers, disposal volumes, and removal requirements are estimates only and may vary.

15.3 Additional charges may apply for:

(a) extra skips;

(b) heavier-than-expected waste;

(c) hazardous or special disposal;

(d) permit-related delay;

(e) restricted access collection;

(f) loading labour beyond that reasonably assumed in the Estimate.

15.4 Unless expressly included, deep cleaning is excluded. Standard builders’ clean only, if any, is limited to the agreed scope.

16. Materials and Client-Supplied Items

16.1 Unless otherwise stated, all goods and materials supplied by the Company shall be of a standard reasonably suitable for the intended purpose of the Works.

16.2 The Company is not responsible for delay, defect, incompatibility, or warranty issues arising from Client-supplied goods, unless the Company expressly accepted responsibility for specification and suitability in writing.

16.3 Ownership of unfixed goods and materials supplied by the Company shall remain with the Company until those goods and materials have been paid for in full.

17. Third-Party and Certified Works

17.1 Certain works, including electrical, gas, specialist testing, certification, or other regulated works, may be carried out by competent specialist subcontractors or third-party contractors.

17.2 Where such works are included in the Company’s contract with the Client, the Company remains responsible for coordinating that part of the Works, subject to delays or constraints outside the Company’s reasonable control.

17.3 Where the Client contracts directly with a third party, the Company is not responsible for that third party’s pricing, timing, workmanship, certification, attendance, or default.

17.4 Where certification is legally required, it shall only be included where expressly stated in writing. Where certification is optional or not legally required, it must be specifically requested by the Client if desired.

17.5 The Company does not guarantee immediate availability of external certifiers, inspectors, or specialist subcontractors.

18. Partial Completion, Suspension and Termination

18.1 If the Works are suspended or cannot be completed because of the Client’s act, omission, delay, restricted access, non-payment, third-party interference, or an external event outside the Company’s control, the Company shall be entitled to payment for:

(a) all work carried out to date;

(b) materials ordered or delivered;

(c) reasonable demobilisation and remobilisation costs;

(d) reasonable administration and supplier cancellation charges.

18.2 The Company may suspend the Works immediately on written notice where there is:

(a) non-payment;

(b) unsafe conditions;

(c) denied or materially restricted access;

(d) serious interference with the Works;

(e) abusive, threatening, or unsafe behaviour toward staff or subcontractors.

18.3 Either party may terminate the contract by written notice if the other party commits a material breach and, where capable of remedy, fails to remedy it within a reasonable period after being notified.

18.4 Termination shall not affect accrued rights, including the right to payment for work done and costs incurred.

19. Completion, Snagging and Practical Completion

19.1 Practical completion occurs when the Works, or a defined stage of the Works, are substantially complete and capable of normal use for their intended purpose, notwithstanding minor defects, omissions, touch-ups, or snagging items.

19.2 Minor snagging items do not prevent practical completion, invoicing, or the due date for payment.

19.3 The Company may issue a snag list and return within a reasonable time to address agreed snagging items.

19.4 Use or occupation of the completed area by the Client may be treated as evidence that the relevant area has been taken into practical use, but this does not remove any statutory rights the Client may have.

20. Defects and Warranty

20.1 The Client should notify the Company in writing of any alleged defect as soon as reasonably possible after it becomes apparent.

20.2 The Company provides a 12-month workmanship warranty from practical completion for defects arising directly from the Company’s workmanship, subject to this clause.

20.3 The warranty does not cover:

(a) fair wear and tear;

(b) misuse, neglect, impact, or accidental damage;

(c) failure to maintain or ventilate properly;

(d) movement, settlement, shrinkage, or cracking within normal building tolerances;

(e) damp, leaks, mould, or defects originating from pre-existing conditions or unrelated areas;

(f) defects in Client-supplied materials;

(g) work altered, interfered with, or repaired by others without giving the Company a reasonable opportunity to inspect and remedy first.

20.4 Nothing in this clause excludes any statutory rights or remedies the Client may have under Irish law. 

20.5 Appliances, Fixtures and Manufacturer Warranties

20.5.1 Any appliances, fixtures, or equipment supplied or installed as part of the Works are subject to the manufacturer’s warranty only.

20.5.2 The Company provides no warranty in respect of the performance, lifespan, or suitability of such items beyond correct installation.

20.5.3 It is the responsibility of the Client to:

(a) register all appliances and products with the manufacturer where required;

(b) retain all proof of purchase, manuals, and warranty documentation;

(c) deal directly with the manufacturer or authorised service provider for any warranty claim.

20.5.4 Where appliances are supplied by the Company (including but not limited to brands such as IKEA), the Company’s responsibility is limited to:

(a) supply (if applicable); and

(b) correct installation in accordance with reasonable standards.

20.5.5 The Company shall not be liable for:

(a) manufacturing defects;

(b) product failure or malfunction;

(c) delays in repair or replacement by the manufacturer;

(d) costs associated with warranty claims, including removal, reinstallation, or access, unless otherwise agreed in writing.

20.5.6 If a defect is identified as an installation issue, the Company will rectify it under the workmanship warranty in Clause 20.

20.6 Long-Term / Manufacturer System Warranties

20.6.1 Any extended or long-term warranty (including 5, 10, 20 years or similar) advertised in relation to specific products, coatings, systems, or finishes (including but not limited to products such as Lava 20) is provided by the manufacturer only and is subject to the manufacturer’s terms and conditions.

20.6.2 Such warranties typically relate to the material or product itself and do not constitute a warranty of the overall installation, performance in use, or integration with other building elements.

20.6.3 Unless expressly stated in writing, the Company does not provide any extended warranty matching or mirroring the manufacturer’s warranty period.

20.6.4 The Company’s liability in respect of such products remains limited to correct installation under the workmanship warranty set out in Clause 20.

20.6.5 It is the responsibility of the Client to:

(a) review and understand the manufacturer’s warranty terms;

(b) ensure any required registration or documentation is completed;

(c) comply with maintenance, usage, and care requirements specified by the manufacturer.

20.6.6 The Company shall not be liable for:

(a) failure of the product due to manufacturing defect;

(b) failure arising from substrate conditions, building movement, moisture, or environmental factors;

(c) failure due to lack of maintenance or incorrect use;

(d) rejection of a warranty claim by the manufacturer for any reason.

20.6.7 Any labour required for inspection, access, removal, reinstallation, or making good in connection with a manufacturer warranty claim is not included and may be chargeable unless otherwise agreed in writing.

20.6.8 Where the manufacturer requires specific installation conditions (including substrate preparation, thickness, curing times, environmental conditions, or certified installers), compliance shall be based on information reasonably available at the time. The Company does not guarantee acceptance of any warranty claim by the manufacturer.

21. Liability

21.1 The Company shall carry appropriate public liability insurance and employer’s liability insurance as required for its business activities.

21.2 The Company’s liability for direct loss or damage arising from the Works shall be limited to the value of the relevant contract sum or, if lower, the amount recoverable under the Company’s applicable insurance for the relevant event.

21.3 The Company shall not be liable for:

(a) indirect or consequential loss;

(b) loss of rent, profit, revenue, or opportunity;

(c) delay caused by third parties or matters outside the Company’s reasonable control;

(d) hidden or pre-existing defects not caused by the Company.

21.4 Nothing in this contract excludes liability for death or personal injury caused by negligence, fraud, or any matter that cannot lawfully be excluded or restricted.

22. Complaints and Dispute Resolution

22.1 If a dispute arises, either party shall notify the other in writing, setting out the issue in reasonable detail.

22.2 The parties shall first try to resolve the dispute in good faith through direct discussion within 20 working days of written notice.

22.3 If the dispute is not resolved, the parties are encouraged to consider mediation before starting formal proceedings.

22.4 Nothing in this clause prevents either party from seeking urgent injunctive relief, debt recovery, or commencing court proceedings where necessary to protect its position.

22.5 Unless otherwise agreed or ordered, each party shall bear its own costs of negotiation or mediation.

23. Data Protection and Photographs

23.1 The Company may take photographs, videos, measurements, and site records for contract administration, estimating, progress tracking, defect analysis, safety, evidence, training, and legal protection.

23.2 The Company shall process personal data in accordance with applicable Irish and EU data protection law.

23.3 The Company shall not use identifiable photographs of the Client’s home for public marketing purposes without permission where such permission is legally required or has been requested by the Client.

24. General

24.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force.

24.2 Any waiver of a breach shall not be a waiver of any later breach.

24.3 These Terms may only be amended in writing.

24.4 Irish law governs this contract and the Irish courts shall have jurisdiction, subject to any rights the Client may have as a consumer.