These Terms of Engagement set out the general terms under which AL Designs and Constructions provides construction, design, project management, consultancy and related services to its clients.
By engaging our services, you agree to these Terms together with the applicable quotation, proposal, scope of work, work order or project agreement.
1. Our Services
AL Designs and Constructions may provide services including:
- Construction and civil works
- Architectural and design coordination
- Interior and finishing works
- Project management
- Site supervision
- Estimation and budgeting
- Material and procurement coordination
- Contractor and subcontractor coordination
- Engineering coordination
- Other services specifically agreed with the client
The exact services provided will be based on the agreed quotation, proposal, scope of work or project agreement.
2. Client Responsibilities
The client agrees to:
- Provide accurate project information and requirements
- Provide reasonable access to the project site
- Provide necessary documents and approvals
- Make timely decisions and provide instructions
- Obtain approvals or permissions that are the client's responsibility
- Make payments according to the agreed payment schedule
- Cooperate with AL Designs and Constructions and other project participants
Delays caused by late information, approvals, access or decisions may affect the project schedule and cost.
3. Fees and Payments
Our fees and payment schedule will be stated in the applicable quotation, proposal, invoice or project agreement.
Applicable taxes, government charges and other agreed costs will be payable by the client.
Additional work, variations or services outside the agreed scope may result in additional charges.
If payments are significantly overdue, AL Designs and Constructions may suspend work or services until outstanding amounts are resolved, subject to the applicable agreement and law.
4. Estimates and Quotations
Any estimate or preliminary quotation is based on the information available at the time it is prepared.
Unless expressly stated otherwise in writing, estimates are not guaranteed fixed prices.
Project costs may change due to changes in scope, quantities, materials, labour costs, taxes, market conditions, site conditions, approvals, exchange rates, supply-chain issues or circumstances beyond our reasonable control.
5. Changes and Variations
Any change to the agreed scope, design, materials, specifications or quantities may affect the project cost and completion schedule.
Where practical, we will inform the client of the expected cost and time impact before carrying out significant additional work.
Additional work requested or approved by the client may be charged separately.
6. Project Schedule
We will make reasonable efforts to complete the work according to the agreed project schedule.
However, completion dates may be affected by circumstances including:
- Client delays
- Changes in scope
- Delayed approvals
- Material availability
- Labour or contractor issues
- Weather conditions
- Government restrictions
- Supply-chain or transportation delays
- Unforeseen site conditions
- Events beyond our reasonable control
Where such circumstances occur, the project schedule may be reasonably adjusted.
7. Materials
Materials will generally be supplied according to the agreed specifications and approved selections.
If a specified product or material becomes unavailable, discontinued or impractical to obtain, we may propose a reasonably comparable alternative for client approval.
Changes in material prices may affect the project cost where applicable.
8. Unforeseen Site Conditions
Construction work may uncover conditions that could not reasonably have been identified before work began, including structural defects, unsuitable soil, underground services, water damage, concealed works or other unexpected conditions.
Where such conditions affect the scope, cost or schedule, additional work or time may be required.
We will communicate significant unforeseen conditions to the client as reasonably practicable.
9. Quality and Workmanship
AL Designs and Constructions will perform its agreed services with reasonable care and skill and in accordance with the applicable project specifications and requirements.
Any concerns regarding workmanship or materials should be reported to us promptly so they can be reviewed and addressed where appropriate.
10. Contractors and Suppliers
We may engage subcontractors, suppliers, consultants or specialist service providers where reasonably required for a project.
We will coordinate such parties within the scope of our responsibilities under the applicable project agreement.
11. Health and Safety
All persons entering or working on a construction site must comply with applicable health, safety and site-security requirements.
We may restrict access to active construction areas where necessary for safety, security or project protection.
12. Approvals and Legal Compliance
The parties will be responsible for obtaining the permits, approvals and licences assigned to them under the applicable project agreement.
AL Designs and Constructions will comply with applicable laws and regulations relevant to the services under our control.
13. Intellectual Property
Unless otherwise agreed in writing, designs, drawings, specifications, reports, photographs, documents and other materials created by AL Designs and Constructions remain our intellectual property to the extent permitted by law.
Upon payment of all amounts due, the client may use project-specific documents for the relevant project, subject to the terms of the applicable agreement.
Project documents should not be commercially reproduced, reused for another project or materially modified without appropriate permission where required.
14. Confidentiality
Both parties agree to treat confidential business, financial, technical and project information received from the other party as confidential, except where disclosure is:
- Required by law
- Required by a government authority or court
- Necessary for professional advisers or project participants
- Authorised by the other party
- Information that is already publicly available
15. Privacy
Personal information collected during the course of our business or projects will be handled in accordance with our Privacy Policy and applicable privacy and data-protection laws.
16. Insurance
Where required by the project agreement or applicable law, the relevant parties will maintain appropriate insurance coverage for the project.
Specific insurance requirements should be agreed before commencement of the relevant works.
17. Liability
AL Designs and Constructions will be responsible for losses arising from our failure to perform our contractual obligations with reasonable care and skill, subject to the applicable project agreement and law.
To the maximum extent permitted by applicable law, we will not be responsible for indirect or consequential losses, loss of profit, loss of business or losses arising from circumstances outside our reasonable control.
Nothing in these Terms excludes or limits any liability that cannot legally be excluded or limited.
18. Suspension or Termination
We may suspend services where there is a material failure to make payments, provide required information or access, obtain necessary approvals, or where continuing the work would create significant safety or legal concerns.
Termination of a project will be handled in accordance with the applicable project agreement.
The client remains responsible for payment for work properly completed, materials purchased or committed, approved variations and other amounts properly due up to the date of termination.
19. Dispute Resolution
If a dispute arises, both parties will first attempt to resolve the matter through good-faith communication and discussion.
If the dispute cannot be resolved, the parties may use mediation, arbitration or court proceedings as specified in the applicable project agreement.
For international projects, the governing law, jurisdiction and dispute-resolution procedure should be agreed in the relevant project contract.
20. Force Majeure
Neither party will be responsible for delay or failure caused by events beyond reasonable control, including natural disasters, extreme weather, war, civil unrest, government restrictions, epidemics, major supply-chain disruptions, strikes, utility failures or similar events.
The affected party will take reasonable steps to minimise the impact of such events.
21. Governing Law
For projects in India, the applicable project agreement may specify the relevant Indian law and jurisdiction.
For international projects, the applicable governing law and jurisdiction will be specified in the relevant project agreement.
22. Amendments
Any significant changes to the scope, price, programme or other contractual terms should be confirmed in writing and approved by the authorised representatives of the parties.
23. Entire Agreement
The applicable quotation, proposal, scope of work, work order, project agreement and these Terms together form the basis of the engagement between AL Designs and Constructions and the client.
Where there is a conflict between these Terms and a specific signed project agreement, the specific project agreement will take precedence.
