These terms apply to every appointment of Altaris Advisory Ltd, together with the formal fee proposal we issue for your project. Section 6 adds extra terms, and overrides others, where you are a consumer.
1. Definitions and how the contract is formed
1.1 Definitions. In these terms:
- "Altaris", "we", "us" means Altaris Advisory Ltd (company number 17185606), registered office 1 Belvedere, Ramsey, Huntingdon, PE26 2XZ.
- "Client", "you" means the person or organisation named in the Proposal as the client.
- "Proposal" means our formal, written fee proposal for the Project, including any scope, programme assumptions, fee, payment stages and special terms it sets out.
- "Services" means the services described in the Proposal, together with any Additional Services agreed under clause 4.
- "Project" means the project described in the Proposal.
- "Fee" means the fee stated in the Proposal, plus agreed additional fees and any VAT properly chargeable.
- "Contract" means the Proposal and these terms together.
- "CDM 2015" means the Construction (Design and Management) Regulations 2015.
- "Building Regulations" means the Building Regulations 2010 (as amended), including the dutyholder and competence requirements in Part 2A.
1.2 Indicative quotations. A fee shown in our online Quote Portal is indicative only, is based on the information provided and is not an offer or an appointment. This also applies where an architect, designer, contractor or other professional obtains a quotation for a client. We review each enquiry and confirm any appointment and fee through a formal Proposal. Where works have already started or the information changes, the final fee and scope may differ.
1.3 Formation. The Contract is formed when you accept the Proposal in writing (email is sufficient), or we confirm in writing our acceptance of your instruction to proceed following the Proposal. Any appointment as Principal Designer under CDM 2015 must be made in writing; a Quote Portal submission or client review link is not such an appointment.
1.4 Order of precedence. If the Proposal and these terms conflict, the Proposal applies. Your own purchase order terms or standard conditions do not apply unless a Director of Altaris has agreed them in writing.
1.5 Bespoke appointments. If we sign a bespoke appointment or deed with you for the Project, it replaces these terms to the extent it covers the same matters.
2. Our services and your obligations
2.1 Scope. We will perform only the Services described in the Proposal. Depending on the Proposal, these may include Principal Designer services under CDM 2015, CDM client advisory services and client-side project management. Appointment as CDM Principal Designer does not appoint us as Principal Designer under the Building Regulations. We do not undertake the Building Regulations Principal Designer role unless it is expressly agreed in a separate written appointment and we have confirmed our competence and acceptance for that role. Anything not described in the Proposal is outside the Services.
2.2 Standard of care. We will perform the Services with the reasonable skill, care and diligence expected of a competent consultant providing similar services for projects of similar size and complexity. We do not warrant that the Project will achieve any particular result, and we give no fitness-for-purpose obligation.
2.3 What our role does not include. Unless the Proposal says otherwise, we are not:
- appointed to prepare or certify detailed designs for the works, or responsible for other designers' own design work, although we will perform our statutory coordination duties as CDM Principal Designer where appointed
- the principal contractor, or responsible for planning, managing or supervising health and safety on site during construction
- responsible for carrying out surveys, investigations or assessments (including asbestos, structural, fire risk or ground surveys), although we may advise you to commission them
- responsible for building control applications, approvals or fees
- a cost consultant, quantity surveyor or contract administrator. Client-side project management is only included where the Proposal expressly describes it
2.4 Your obligations. You will:
- appoint us in writing, and carry out the client duties under CDM 2015 and the Building Regulations that remain yours, such as making suitable arrangements for managing the Project and ensuring welfare facilities are provided
- provide the pre-construction information you hold or can reasonably obtain, promptly and accurately
- appoint competent designers and contractors, and a principal contractor where required
- notify the HSE of a notifiable project (form F10), unless the Proposal says we will do this on your behalf
- give us timely decisions, instructions and access to the site and project team
- tell us promptly of any change to the Project's scope, programme, team or budget
2.5 Information you provide. The Services and Fee rely on the information you give us, including answers submitted through the Quote Portal or by a professional acting for you. We may reasonably rely on it, while carrying out any checks required by our agreed scope and statutory duties. You should tell us promptly if any information is incomplete or inaccurate; clause 4 may then apply.
2.6 Personnel. The Services will be led by Lee Barker, Director. We may use competent associates or sub-consultants for parts of the Services and remain responsible for their work.
2.7 Duration. The proposed appointment period is stated in the Proposal. If relevant design work continues into the construction phase, our CDM Principal Designer appointment and duties will be managed in accordance with CDM 2015, including any required handover when the appointment ends.
3. Fees, invoicing and payment
3.1 Fee. The Fee is a lump sum for the Services and site visits described in the Proposal. It includes our normal travel and expenses for those visits unless the Proposal says otherwise. VAT will be added only where we are registered and legally required to charge it.
3.2 When we invoice. Unless the Proposal sets out different payment stages, we will invoice the full Fee on the date the Contract is formed. Additional fees under clause 4 are invoiced monthly in arrears.
3.3 Payment notices. Each invoice is our payment notice. It states the sum we consider due and how it is calculated. The due date for payment is the date you receive the invoice.
3.4 Final date for payment. The final date for payment is 30 days after the due date. Payment is by bank transfer to the account shown on the invoice.
3.5 Paying less. If you intend to pay less than the sum stated in an invoice, you must give us a pay less notice no later than 7 days before the final date for payment. It must state the sum you consider due and the basis of calculation. Without a valid pay less notice you must pay the invoiced sum in full by the final date. You may not otherwise withhold or set off any amount.
3.6 Late payment. If you do not pay by the final date, we may charge interest and fixed compensation under the Late Payment of Commercial Debts (Interest) Act 1998, at 8% a year above the Bank of England base rate, from the final date until payment.
3.7 Suspension for non-payment. If a sum is not paid in full by the final date and no valid pay less notice has been given, we may suspend some or all of the Services by giving you at least 7 days' written notice stating the grounds. Suspension continues until payment is made. We are entitled to a reasonable amount for costs and expenses caused by the suspension, and to a corresponding extension of time.
3.8 Safety during suspension. Where we suspend our Principal Designer role, you remain responsible for complying with CDM 2015 and the Building Regulations, which may mean appointing another Principal Designer or carrying out those duties yourself.
3.9 Construction Act. Where the Housing Grants, Construction and Regeneration Act 1996 applies to the Contract, clauses 3.3 to 3.7 are intended to comply with it. If any provision does not, the relevant parts of the Scheme for Construction Contracts apply instead.
3.10 Not dependent on others. Payment to us does not depend on you receiving payment or funding from anyone else.
4. Changes, suspension and termination
4.1 Additional Services. We are entitled to an additional fee, at the rates in the Proposal or otherwise at a fair and reasonable rate, where:
- the scope, size, complexity or contract value of the Project materially differs from that described in the Proposal or your quote portal answers
- the programme for our Services extends beyond the period stated in the Proposal
- you ask for site visits, meetings, reviews or reports beyond those included
- design or project information is reissued or substantially changed after we have reviewed it
- the Project is paused and later restarted, or delayed for reasons outside our control
We will tell you as soon as practicable when Additional Services arise and, where possible, agree the fee with you in writing before carrying them out.
4.2 Project on hold. If the Project is suspended by you for more than 3 months, either party may end the Contract immediately by written notice, or we may charge a reasonable remobilisation fee to resume.
4.3 Ending on notice. Either party may end the Contract by giving the other 14 days' written notice.
4.4 Ending for breach or insolvency. Either party may end the Contract immediately by written notice if the other:
- commits a material breach and does not remedy it within 14 days of written notice requiring it, or
- becomes insolvent, enters administration or liquidation (other than for a solvent reorganisation), or makes an arrangement with its creditors
4.5 Replacement Principal Designer. Where our CDM Principal Designer appointment ends and the law requires a replacement, you must arrange a suitable written appointment. If no replacement is made, statutory duties are allocated as required by CDM 2015, including the special arrangements for domestic clients. We will cooperate in an orderly handover.
4.6 What happens on termination. When the Contract ends:
- you will pay for Services performed up to the termination date, assessed against the Fee and any payment stages, plus any Additional Services and costs we have reasonably committed
- if you have paid more than that amount, we will refund the balance within 30 days, unless we ended the Contract because of your breach or insolvency, in which case we may also recover our reasonable losses
- we will hand over the Principal Designer records and health and safety file information we hold for the Project, once sums due are paid, except that we will release information needed for safe construction or occupation regardless of payment
4.7 Accrued rights. Ending the Contract does not affect rights already accrued, or clauses intended to continue, including those on payment, liability, intellectual property, confidentiality and disputes.
5. Liability, insurance, intellectual property, confidentiality and data
5.1 Unlimited liability. Nothing in the Contract limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded by law.
5.2 Overall cap. Subject to clause 5.1, our total liability under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to £250,000 in aggregate. Within that amount, our total liability for claims arising from asbestos, pollution or contamination is limited to £25,000 in aggregate.
5.3 Fair share only. Where others (including your designers, contractors and other consultants) are also responsible for a loss, our liability is limited to the amount it is just and equitable for us to pay, having regard to our share of responsibility. For this purpose, those others are treated as having given contractual undertakings to you on terms no less onerous than ours and as having paid their share.
5.4 Excluded losses. We are not liable for loss of profit, revenue, use, business, contracts, goodwill or anticipated savings, or for any indirect or consequential loss.
5.5 Time limit for claims. No action or proceedings may be brought against us after 6 years from completion of the Services or, if earlier, termination of the Contract, except where the law does not allow this to be shortened.
5.6 Insurance. We maintain professional indemnity insurance of £1,000,000 for each and every claim, and public liability insurance of £1,000,000. We will keep professional indemnity insurance in place for 6 years from completion of the Services, provided it is available at commercially reasonable rates and terms. Evidence is available on request.
5.7 No third-party rights. No one other than you and us has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce the Contract. We will only give collateral warranties or third-party rights if the Proposal says so, and for an additional fee.
5.8 Intellectual property. We keep copyright and other intellectual property in documents we produce. Once sums due are paid, you have a non-exclusive, royalty-free licence to use and copy them for the Project, including its construction, operation, maintenance, alteration and sale or letting. The health and safety file and pre-construction information may always be used and passed on as the law requires. We are not liable for any use for another purpose.
5.9 Confidentiality. Each party will keep confidential the other's non-public business information and only use or disclose it to perform the Contract, to comply with the law (including CDM 2015 and the Building Regulations), or to professional advisers and insurers. We may refer to the Project in our marketing (without confidential details) unless you tell us not to.
5.10 Data protection. Each party will comply with applicable UK data protection law. We handle personal data as described in our Privacy and Cookie Policy. If an agreed service requires us to process personal data solely on your behalf as a processor, the parties will put in place any additional written terms required by Article 28 of the UK GDPR before that processing begins.
5.11 Events outside our control. We are not liable for delay or failure caused by events beyond our reasonable control, such as severe weather, pandemic, industrial action by third parties or failure of utilities. We will tell you promptly and do what we reasonably can to limit the effect.
6. If you are a consumer
This section applies if you are an individual appointing us for purposes wholly or mainly outside your trade, business or profession, for example work on your own home. Where it conflicts with any other part of these terms, this section applies.
6.1 Your statutory rights. Nothing in the Contract affects your legal rights, including your right under the Consumer Rights Act 2015 to have the Services performed with reasonable care and skill. Advice about your rights is available from Citizens Advice.
6.2 Your statutory cancellation right. Where the Contract is a distance or off-premises contract to which the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply, you normally have the right to cancel within 14 days after the Contract is formed, without giving a reason. Tell us clearly by email to hello@altarisadvisory.co.uk or by post. You can use the model cancellation form below but need not do so. Other statutory rights are unaffected.
6.3 Starting within the statutory cancellation period. We will only start Services during that period at your express request (and, for off-premises contracts, on a durable medium). If you then cancel, you may be required to pay a proportionate amount for Services already provided as permitted by law. If the Services are fully performed within that period at your express request, and you expressly acknowledged that you would lose your cancellation right on full performance, the right to cancel may end.
6.4 Refunds. If you cancel, we will refund what you have paid, less any amount due under clause 6.3, within 14 days of being told, using the same method you used to pay.
6.5 Payment. Clauses 3.3, 3.5, 3.6 and 3.9 do not apply. You must pay each invoice within 30 days of receiving it. If you dispute part of an invoice, tell us promptly and pay the undisputed part. We may charge interest on overdue undisputed sums at 4% a year above the Bank of England base rate. In clause 3.7, a sum you have disputed under this clause is treated as covered by a pay less notice.
6.6 Our liability to you. Clauses 5.2 to 5.5 do not apply. We are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or failing to use reasonable care and skill. We are not responsible for loss that was not foreseeable, or for business losses.
6.7 Your CDM duties as a domestic client. Under CDM 2015, a domestic client's duties are normally carried out by the contractor or principal contractor. If you want us, as Principal Designer, to carry out those duties instead, this must be agreed in writing and stated in the Proposal.
6.8 Disputes. Clause 7.2 (adjudication) does not apply to you unless you choose to use it. You may bring proceedings in the courts of England and Wales, or, if you live in Scotland or Northern Ireland, in your local courts.
Model cancellation form (for consumers exercising an applicable statutory right)
To: Altaris Advisory Ltd, 1 Belvedere, Ramsey, Huntingdon, PE26 2XZ; hello@altarisadvisory.co.uk
I hereby give notice that I cancel my contract for the supply of the following service: [Project and Proposal reference]
Ordered on: [date] · Name: [name] · Address: [address]
Signature (if sent on paper): · Date:
7. Complaints, disputes and general terms
7.1 Talk to us first. If you are unhappy with our Services, please raise it with the Director at hello@altarisadvisory.co.uk. We will acknowledge your complaint within 5 working days and aim to respond in full within 20 working days. Either party may suggest mediation at any time.
7.2 Adjudication. Where Part II of the Housing Grants, Construction and Regeneration Act 1996 applies, either party may refer a dispute to adjudication in accordance with the Contract and, where applicable, the Scheme for Construction Contracts. If an adjudicator is not agreed, the nominating body is the Royal Institution of Chartered Surveyors. In other cases, adjudication is available only if the parties agree to it in writing. Clause 6.8 applies to consumers.
7.3 Courts. Subject to clause 7.2, the courts of England and Wales have exclusive jurisdiction.
7.4 Entire agreement. The Contract is the whole agreement between us about the Services. Neither party has relied on any statement not set out in it. This does not limit liability for fraud.
7.5 Changes. Changes to the Contract are only effective if agreed in writing by both parties, including by email.
7.6 Assignment. You may not assign or transfer the Contract without our written consent, which we will not unreasonably withhold.
7.7 Notices. Notices must be in writing and sent by email or post to the addresses in the Proposal, or to our registered office. An email notice is received when sent, if sent before 5pm on a working day, and otherwise on the next working day.
7.8 Severance and waiver. If any part of the Contract is found invalid, the rest remains in force. A delay in enforcing a right does not waive it.
7.9 Relationship. Nothing in the Contract creates a partnership, joint venture or employment relationship.
7.10 Governing law. The Contract and any non-contractual obligations arising from it are governed by the law of England and Wales.
Version 1.1 · Last updated: 18 October 2026