This document sets out the contractual terms governing the provision of inspection, assessment, consultancy, and advisory services by Muddy Mortars.
The services provided may include inspection, assessment, and advisory reporting relating to moisture behaviour, condensation, ventilation, maintenance issues, building defects, and the general performance of older and traditionally constructed buildings.
The specific scope of the instruction, including the areas to be inspected and the nature of the service to be provided, will be defined within the relevant proposal document issued to the client prior to instruction. These Terms and Conditions should therefore be read in conjunction with the relevant proposal document.
Services are advisory and interpretive in nature and are based on conditions visible and reasonably accessible at the time of inspection unless otherwise agreed in writing. Assessments are non-invasive unless specifically stated otherwise.
The services provided are not intended to constitute:
- a homebuyer's survey,
- structural engineering services,
- project management,
- contractor supervision,
- legal advice,
- building-control approval,
- or guarantees regarding remedial outcomes or future building performance.
General Limitations and Exclusions
We will not:
- Carry out invasive investigation or opening-up of the building fabric unless expressly agreed in writing prior to the inspection. Assessments are limited to non-invasive visual inspection of reasonably accessible areas only. Concealed, obstructed, or otherwise inaccessible areas cannot be assessed and defects may therefore remain undetected.
- Provide an exhaustive list of defects. Only defects noted and considered to be significant will be highlighted.
- Provide inspection of roof spaces where access hatches do not exist. Where access within the roof void is restricted by stored items, debris, or other obstructions, full assessment may not be possible. Thermal insulation within the roof void will not be moved.
- Assess the risk of asbestos at the property. Where asbestos is observed, its presence may be highlighted.
- Provide structural calculations.
- Use a drone unless it is considered safe and lawful to do so at the time of inspection.
- Assess the safety or condition of electrical, gas, heating, drainage, or other service installations or appliances. Visible concerns may be highlighted where observed during the inspection.
- Assess outbuildings or auxiliary structures unless included within the agreed scope of instruction.
- Provide specialist assessment of timber condition or timber defects. Visible concerns may be highlighted where observed during the inspection.
- Assess elements of the property not visible without invasive investigation. Where visible symptoms suggest possible concealed issues, these may be highlighted and further investigation recommended where appropriate. Some defects may not produce visible symptoms and may therefore remain undetected within a non-invasive inspection.
- Provide accurate costings for remedial or building works. Any ballpark figures discussed are intended for general guidance only and should not be relied upon as quotations or project cost commitments. Quotations for works should be obtained directly from contractors or relevant specialists.
- Investigate contamination from noxious substances or past industrial usage of the land. Environmental hazards are not specifically assessed but may be reported where observed.
- Provide any form of market valuation.
- Provide contractor-ready specifications, detailed remedial design documents, or implementation instructions unless expressly agreed in writing as a separate service.
- Advise on the risk of radon gas.
- Include assessment of legal restrictions, covenants, planning matters, or building regulation compliance associated with the property.
- Comment on areas which are not visible or reasonably accessible at the time of inspection, including areas requiring access through adjoining land or neighbouring property where such access has not been arranged.
- Provide specialist assessment of the presence or risk of mundic concrete.
Advisory Nature of Services
Services provided by Muddy Mortars are advisory and interpretive in nature and are based on conditions visible and reasonably accessible at the time of inspection unless otherwise agreed in writing.
Observations, assessments, and recommendations represent professional opinion based on the information available at the time of inspection and should not be interpreted as guarantees regarding the future performance or condition of the building, the success of remedial works, or the absence of concealed defects.
Recommendations are intended to support informed decision-making and may assist clients and contractors in understanding observed conditions, priorities, and potential remedial approaches. However, they should not be treated as detailed design documents, engineering certification, implementation supervision, statutory approval, or guarantees regarding remedial outcomes.
Where issues arise that are considered to fall outside the intended scope of the service or require specialist technical authority, further investigation or specialist input may be recommended.
Responsibility for implementation of any works, contractor selection, workmanship, project management, regulatory compliance, and ongoing maintenance remains with the client and their appointed contractors or specialists.
Cancellation, Access, and Inspection Conditions
Inspection appointments may occasionally require rearrangement where weather conditions, access limitations, safety concerns, or other circumstances materially affect the ability to undertake a reasonable inspection.
Drone-assisted inspection is dependent upon suitable weather conditions, visibility, and applicable airspace restrictions.
Clients are responsible for ensuring that reasonable access is available to all relevant areas included within the agreed scope of instruction at the time of inspection.
Areas which are inaccessible, obstructed, concealed, unsafe to access, or otherwise unavailable at the time of inspection may limit the scope of assessment and the reliability or completeness of observations and conclusions relating to those areas.
Where substantial travel, reserved time, or preparation work has already occurred, late cancellations or failure to provide access may incur a reasonable charge.
Contractor Independence and Third-Party Works
Muddy Mortars operates as an independent consultancy and does not generally recommend or endorse specific contractors.
General guidance may be provided regarding:
- types of contractor or specialist likely to be relevant,
- interpretation of quotations or proposed works,
- and general due-diligence considerations when appointing contractors.
However, any such guidance is advisory in nature only and should not be interpreted as endorsement, approval, certification, or warranty of any contractor, quotation, workmanship, or proposed remedial scheme.
Responsibility for contractor selection, contractual agreements, pricing, supervision of works, workmanship, regulatory compliance, and project outcomes remains entirely with the client and their appointed contractors or specialists.
Muddy Mortars does not undertake project management, contract administration, contractor supervision, or certification/sign-off of remedial works unless expressly agreed separately in writing.
Payment and Administration
Acceptance of the proposal, booking confirmation, or instruction to proceed constitutes acceptance of these Terms and Conditions.
Fees and the agreed scope of service will be set out within the relevant proposal document.
Unless otherwise agreed in writing, invoices are payable within five working days of issue.
Upon agreement with the client, additional reasonable fees may be charged where work is requested outside the agreed scope, including additional inspection time, document review, or extended follow-up consultancy.
Liability and Reliance
Reports and advisory services are prepared solely for the client named within the instruction documents. No responsibility or duty of care is accepted to third parties relying upon any part of the service unless expressly agreed in writing.
Observations, assessments, and recommendations are based upon conditions visible and reasonably accessible at the time of inspection and should not be interpreted as guarantees regarding future building performance, concealed defects, or remedial outcomes.
To the fullest extent permitted by law, liability arising from the provision of consultancy services shall be limited to the lower of:
- the total fee paid for the relevant service; or
- the level of applicable professional indemnity insurance maintained in relation to the instruction.
Nothing within these Terms and Conditions shall exclude or limit liability for matters which cannot lawfully be excluded under applicable law.