Terms and Conditions

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PRM Building and Construction – Terms and Conditions

These Terms and Conditions apply to all works carried out by PRM Building and Construction unless otherwise agreed in writing.

1. Quotation and Pricing
Quotation prices are based on the best estimation at the time of submission, considering the information provided by the Client. Any discrepancies discovered after acceptance may result in additional charges, which must be agreed in writing before work begins.

Prices are accurate at the time of writing but may change due to external factors such as supply costs. Quoted prices are valid only until the expiry date specified. Acceptance of a quotation signifies agreement to these Terms.

A deposit is required upon acceptance of the quotation. For residential building work, the deposit will not exceed 6.5%, in accordance with the Home Building Contracts Act 1991 (WA).

Only the services described in the quotation are included. Any additional work, labour, or materials outside the scope must be agreed in writing prior to commencement and will be charged as a variation in accordance with these Terms and Conditions.

Unless otherwise stated, all prices are inclusive of GST.

Provisional Sums and Allowances
Any amounts included in the quotation as estimates, allowances, or provisional sums are based on reasonable assumptions at the time of quoting.

Actual costs may vary depending on site conditions, supplier pricing, or subcontractor charges. Any difference between the allowance and the actual cost will be treated as a variation and adjusted accordingly.

PRM will provide supporting documentation for any adjustments upon request.

Material Cost Increases
PRM reserves the right to adjust pricing where material costs increase after acceptance of the quotation due to factors beyond its control. Any such increase will be treated as a variation.

Ownership of Documents
All quotations, drawings, designs, and documents provided by PRM remain the property of PRM and must not be used, reproduced, or shared without written consent unless paid for in full.

2. Scope of Work
PRM will perform the listed services to a professional standard. PRM reserves the right to alter, delay, or cancel work due to circumstances beyond its control, including extreme weather events, site conditions, or damage to mains services.

The Client must provide sufficient and safe access to the property, and connection to water/electricity may be necessary. The Client is responsible for ensuring the site is clear of obstructions and safe for work to proceed.

3. Variations
All variations to the agreed scope of work must be requested and approved in writing prior to commencement.

Variations may result in additional costs and extensions of time to the project schedule and completion date.

All variation works will be charged at PRM’s standard rates, including labour, materials, and applicable margin.

PRM reserves the right to refuse variations that are not reasonably practicable or that significantly disrupt the progress of the works.

PRM may require full or partial payment for variation works prior to commencement.

If the Client instructs or directs PRM to carry out additional work without formal written approval, such work will be deemed a variation and charged accordingly.

Where urgent work is required for safety, compliance, or to prevent damage, PRM may proceed without prior written approval and charge reasonable costs.

Variations will not proceed until written approval and any required payment has been received.

4. Latent Conditions (Unforeseen Site Conditions)
If unforeseen conditions arise during the course of work (including but not limited to structural issues, asbestos, non-compliant prior work, or hidden damage), PRM reserves the right to suspend work.

Any additional work required will be treated as a variation and must be approved in writing before continuing.

5. Delays and Extensions of Time
PRM will not be liable for delays caused by factors beyond its control, including but not limited to weather conditions, material or supplier delays, or Client delays (including late selections or restricted access).

PRM is entitled to a reasonable extension of time for completion in such circumstances.

6. Payment and Invoicing
A deposit is required upon acceptance of the quotation. For residential building work, the deposit will not exceed 6.5%, in accordance with the Home Building Contracts Act 1991 (WA).

Payment for all works is due upon practical completion unless otherwise agreed. For larger or ongoing projects, progress payments (claims) will be issued at agreed stages of the project or at regular intervals.

Progress claims will detail the value of work completed to date and must be paid within the timeframe specified on the invoice. Unless otherwise stated, all invoices are payable within 7 days of issue.

PRM reserves the right to suspend or withhold further works if any progress payment is overdue. Any costs associated with delays caused by non-payment will be charged to the Client.

PRM may charge interest on overdue amounts at a rate of 10% per annum, calculated daily from the due date until payment is received. If no rate is specified or enforceable, interest will accrue in accordance with the Civil Judgments Enforcement Regulations 2005 (WA).

PRM reserves the right to charge reasonable administrative and recovery costs associated with overdue payments, including debt collection and legal fees.

Title to any supplied materials or goods remains with PRM until full payment is received.

7. Suspension of Works
PRM reserves the right to suspend work if payments are overdue, the site is unsafe, or the Client breaches these Terms.

Any costs associated with suspension, including demobilisation and remobilisation, will be charged to the Client.

8. Client Responsibilities
The Client must provide safe and clear access to the site, ensure pets and children are secured, remove or protect furniture and personal items, make selections and decisions in a timely manner, and ensure all necessary approvals and permissions are obtained unless otherwise agreed.

The Client must provide reasonable access to amenities including water and electricity required to carry out the works.

PRM is not responsible for defects, delays, or performance issues arising from materials, products, or fixtures supplied by the Client.

9. Subcontractors
PRM may engage subcontractors to carry out portions of the works. The Client acknowledges and agrees that subcontractors are independent parties engaged by PRM.

PRM will take reasonable care in selecting qualified subcontractors; however, PRM is not liable for delays, disruptions, or increased costs caused by subcontractors where such matters are beyond PRM’s reasonable control.

Any delays caused by subcontractors, including scheduling or availability, may result in an extension of time for completion.

Where subcontractor pricing is included as a provisional sum or allowance, any variation in subcontractor costs will be treated as a variation and adjusted accordingly.

PRM is responsible for coordinating subcontractors but does not guarantee their availability at specific times outside of reasonable scheduling expectations.

PRM is not responsible for subcontractors nominated or requested by the Client.

PRM does not warrant the availability or performance of subcontractors beyond its reasonable control.

10. Risk and Insurance
PRM maintains appropriate public liability insurance.

The Client is responsible for maintaining insurance over the property and its contents. PRM is not liable for damage to property or contents unless caused by negligence.

Risk in the works passes to the Client upon practical completion.

PRM is not responsible for theft, loss, or damage to materials, tools, or equipment on site beyond its reasonable control.

11. Warranty and Liability
PRM provides a 12-month workmanship warranty from the date of practical completion.

This warranty does not cover normal wear and tear, lack of maintenance, damage caused by third parties, or structural movement or environmental factors.

The Client must notify PRM in writing of any defects within a reasonable time of becoming apparent.

PRM will rectify any defects within a reasonable timeframe.

The Client must provide reasonable access for PRM to rectify any defects.

PRM is not liable for indirect, incidental, or consequential damages except in cases of gross negligence or wilful misconduct.

To the extent permitted by law, PRM’s liability is limited to the total value of the contract.

12. Termination
Either party may terminate this agreement with written notice if the other party materially breaches these Terms and does not remedy the breach within 14 days.

Upon termination, the Client must pay for all work completed, materials purchased, and any associated costs up to the date of termination.

13. Force Majeure
PRM will not be liable for failure or delay in performance due to events beyond its reasonable control.

14. Use of Images
PRM may use photographs of completed work for marketing purposes without identifying the Client.

15. Entire Agreement
These Terms and the accepted quotation constitute the entire agreement between the parties.

16. Dispute Resolution
The parties agree to attempt informal resolution of disputes, followed by mediation if required, before legal action.

17. Governing Law
These Terms are governed by the laws of Western Australia.

18. Practical Completion
Practical completion is achieved when the works are substantially complete and fit for their intended use, notwithstanding minor defects.

19. Client Delay or Abandonment
If the Client causes delays exceeding 14 days, PRM may suspend works, issue a progress claim, or treat the project as abandoned. Any additional costs will be charged to the Client.

20. Materials and Storage
Materials may be stored on-site or off-site and may be included in progress claims. PRM is not liable for damage or loss beyond its control.

21. Site Cleanliness
PRM will leave the site in a reasonably clean condition. Detailed cleaning is not included unless specified.

22. Existing Services
PRM is not responsible for damage to concealed or underground services not reasonably identifiable prior to commencement. Repairs will be treated as a variation.

23. Compliance
PRM will carry out works in accordance with applicable laws and Australian Standards.

24. Defects Liability Process
The Client must notify PRM in writing of defects. PRM must be given the opportunity to rectify defects before third parties are engaged. PRM is not liable for third-party repair costs unless agreed.

25. Site Access and Delays
If access is not provided, resulting costs including labour downtime and rescheduling may be charged to the Client.

26. Working Hours
Works will generally be carried out during standard business hours unless otherwise agreed.

27. Work Health and Safety (WHS)
PRM may cease work if unsafe conditions are identified. Any resulting costs or delays will be charged to the Client.

28. Electronic Communication and Approval
Email, SMS, and other electronic communications are considered valid written approval and are legally binding.