Terms & Conditions for The Construction Consultant Services, including:

1. Definitions

  • "Consultant" refers to The Construction Consultant, providing construction consultancy services.

  • "Client" refers to the individual or entity receiving services from the Consultant.

  • "Services" refer to the scope of consultancy provided, as defined in the engagement agreement or proposal given and accepted by the client.

  • "Agreement" refers to the service contract entered between the Client and the Consultant.

2. Scope of Services

  • The Consultant shall perform services as agreed in writing, which may include:

    • Feasibility studies

    • Project planning and scheduling

    • Cost estimation and budgeting

    • Construction supervision

    • Quality assurance

    • Risk management

  • Any additional services requested will require a written variation order or amended agreement if excluded in origional agreement.

3. Fees and Payment Terms

  • Fees are payable as per the payment schedule outlined in the agreement or invoice.

  • Invoices are due within 7 days from the invoice date.

  • Late payments may accumelate interest or the maximum rate allowed by law.

4. Client Obligations

  • The Client shall provide timely access to relevant project sites, documents and personnel.

  • The Client must ensure all necessary permissions, approvals and permits are obtained before TCC begins work.

  • Any delay in providing information or access may result in timeline extensions and additional costs.

5. Consultant’s Responsibilities

  • The Construction Consultant agrees to perform duties with professional skill, care and diligence in accordance with industry standards.

  • The Construction Consultant will maintain appropriate insurance coverage (if applicable).

6. Limitation of Liability

  • The Construction Consultant’s liability for any claim arising out of this agreement is limited to the total fees paid by the Client for the specific services giving rise to the claim.

  • The Consultant shall not be liable for any indirect, incidental, or consequential damages.

7. Confidentiality

  • Both parties agree to keep confidential all non-public information obtained during the course of the project.

  • Confidential information shall not be disclosed without prior written consent, except where required by law.

8. Intellectual Property

  • All reports, drawings and deliverables created by The Construction Consultant remain the intellectual property of TCC unless otherwise agreed.

  • The Client is granted a non-exclusive, non-transferable license to use the deliverables for the specific project only.

9. Term and Termination

  • This agreement remains in effect until the completion of the services unless terminated earlier by either party with 14 days written notice.

  • In the event of termination, the Client agrees to pay for all work completed up to the termination date.

10. Force Majeure

  • Neither party shall be liable for delays or failure to perform due to circumstances beyond their reasonable control (e.g., natural disasters, labor strikes, or acts of government).

11. Governing Law and Jurisdiction

  • This agreement shall be governed by the Construction Laws of Victoria.

  • Any disputes shall be resolved under the exclusive jurisdiction of the courts of Victorian Builders Authority (VBA).