SOW - The Minimalist Society

STATEMENT OF WORK

INTRODUCTION

Our Company is committed to ensuring that your renovation experience with us is a pleasant and productive one. For most home owners, a new home represents a new way of life they can look forward to. We know how important it is for our Owners to enjoy this process so this statement has been carefully written to ensure there are no misunderstandings, which could detract from your enjoyment. We recommend that our Owners take the time to read these in full. By engaging our interior design and renovation services, you will be deemed to have read, understood and agreed to abide by them in their entirety during the course of the renovation.

RENOVATION PROCESS

TIMELINE

Renovation works often involve inter-related works. By finalizing the necessary works early, it will help to prevent the delay in time to plan, design or fabricate additional items or prevent any cost involved in alteration works.

ACCESS TO JOBSITE

A lot of initial preparation and groundwork is involved for us before we begin any renovation project. We encourage home owner to give us access to the home as early as reasonably possible. During the course of the renovation, home owner must also not change the lock without giving notice. The Owner agrees to provide access to Our Company and for our sub-contractors of every tier to have access to the home and carry out the necessary renovation works.

There are works that often require access to electricity and water, as well as washroom facilities for our workmen. Do ensure that such access is provided in order to facilitate the smooth execution of the project.

SAFETY AND SECURITY

The work area should be free of any household obstructions and refrain from having any valuable items in the house and to remove or protect items that may otherwise be lost or damaged during the renovation works. In the event the home owner wishes to shift in any furniture or personal belongings before the handover, Our Company is understood to be indemnified against any damage or loss to these items irregardless of any circumstances. The home owner may also be engaging third party vendors that may be accessing the site from time to time.

WORK BY OTHERS

The Owner may require external parties to do some works. Some examples include but are not limited to: (a) Citygas pipings (b) air-con installation (c) heater/fan installation (d) cement screeding by HDB contractor. While we may support in providing the necessary advice for these external works, the Owner should be communicating and liaising directly with these external parties whenever possible. In the event these external parties are unable to meet the timelines, it may affect the scheduling of our intended works under the Contract and lead to delays in the completion of the project as a whole. Our Company will be indemnified against the implications of the work done by others, including any damages or defects caused by the external parties to the home. For works that are not a dependency for the renovation process, it is strongly encouraged that these third party vendors commence their works only after the handover of the home.

ANY OTHER MATTERS

The ongoing renovation works from neighbouring units may also result in the creation of dust. After the general cleaning, the Owner is advised to also do their own minor cleaning before moving in.

COMMUNICATION AND PRICING

Clear lines of communication are critical. Should the Owner wish to highlight any matter relating to the works during the duration of the project, it should be communicated early to the Authorised Designer/s of Our Company only. For more critical renovation matters or specific design details that an Owner wishes to highlight, Owner is encouraged to have proper communications documented in the Whatsapp Messenger chat group, especially so for non face-to-face discussions. While Our Company and Designers take special care and notice of the requirements stated, it is common that the Owner may make certain “minor changes” or give some “sudden casual suggestions” along the way. The onus is on the Owner to highlight any area/s of such instances in the quote or drawing if there apears to be any discrepancy.

Prior to the commencement of the renovation, the Owner must read through thoroughly the updated quote/drawings of the required works to ensure that all the items are correct. Any item/s which is not yet included or is not required/ or needs to be amended must be highlighted to the Authorised Designer/s before the commencement of the involved work/s. In the event of any discrepancy, the latest furnished quotation/drawings will be deemed as final and accepted in its entirety.

Any Owner or Occupier has the authority to make decisions during the project discussion. It is strongly encouraged that any person who should not have the authority to make decisions to not be involved in the formal project discussion to minimize or prevent any miscommunication. As it is not practically operable to require the Owner to sign for every change/s that is required from time to time, the last decision communicated to us by any Owner or Occupier would be deemed to be final. While Our Company will try to accommodate the Owner’s requested changes where possible, in cases where it is already not possible or reasonably practical to accommodate the changes, Our Company shall be entitled to charge for the original works if they have been performed in accordance with the Contract. It shall be accepted by the Owner and not be the subject of any dispute.

During the course of the renovation, if the Owner may decide to have any other additional works, the price would be communicated to the Owner. Changes to the scope of the originally agreed works may also have an impact on the pricing of the remaining items. It is usually less cost-efficient to the Owner if the scope of works is reduced. If the amendments in works and pricing are mutually acceptable, Our Company will proceed and the work/s would be updated in the next Quotation. Do note that Our Company may require to receive the full separate payment of such additional works upon confirmation before commencement or adding on to the Contract Sum subsequently.

PHOTOGRAPH USAGE

The Owner agrees to permit Our Company to take photographs of the premises and use them for participation in contests, award programs and for Our Company’s marketing and promotion activities, whether in print, on the Internet or any other media.

Notwithstanding the above, the Owner reserves the right to stop Our Company from taking or using any such photograph where it would affect the Owner’s privacy.

TRANSPARENCY AND ACCOUNTABILITY

Our Company places great emphasis on transparency and accountability. The Authorised Designer will record (in writing) the materials and specifications chosen by the Owner, and provide the Owner with dimensioned carpentry drawings (this will be typically done 1-2 weeks before actual fabrication) so as to avoid and minimise any miscommunication or misunderstanding. This would be furnished just before the carpentry fabrication. The Owner is advised to look through it to ensure that we have documented all the requirements correctly.

MATERIAL SELECTION & PROPERTIES

The Owner should note that all selections are subjected to the availability by the respective suppliers and the Owner must choose a different selection again if necessary. A renovation process involves dependencies and we work on milestone payments, which means that not all materials can or will be ordered immediately. A replacement alternative/s of equivalent material will be proposed and must be chosen for the renovation process to carry on. For the avoidance of doubt, the unavailability of any selection this does not constitute as an event of non-performance. If the original selection is still available and the delay is communicated and accepted by the Owner, the additional time taken shall then not be the subject of any dispute by the Owner.

We endeavour to disclose and highlight the inherent material properties that are commonly used during our session for material selections and also here as follows:

Marble and granite are natural stone materials containing veins with tonality differences. There will be colour and marking caused by their complex mineral composition and incorporated impurities. While such materials can be pre-selected before installation, this non-conformity in the marble/granite as well as non-uniformity between pieces cannot to totally avoided. Granite tiles are pre-polished before laying and care has been taken for their installation. However, granite, being a much harder material than marble, cannot be re-polished after installation. Hence, some differences may be felt at the joints. The tonality and pattern of the marble or granite selected will be subjected to availability only. Marble and granite can also require more attention as they are porous and are not stain resistant.

Timber strips are natural materials containing veins and tonal differences. Thus, it is not possible to achieve total consistency of colour and grain in their selection and installation. Timber strips are also subject to thermal expansion and contraction beyond the control of the builder or the vendor. Natural timber that is used outdoors can become bleached due to sunlight and rain. This, the cycle of maintenance on staining will need to be increased as required. Timber strips are also not scratch resistant and it might be inevitable to see scratches over time.

Glass is manufactured material that is not 100% pure. Invisible nickel sulphide impurities may cause spontaneous glass breakage, which may occur in all glass by all manufacturers. The owner is recommended to take up home insurance covering glass breakage to cover this possible event.

Vinyl flooring is a manufactured material which contains tonality differences to match natural wood finish. Thus, it is not possible to achieve total consistency of colour and grain in its selection and installation. Vinyl floor is installed through modular planks. A relatively more complex design or colour tone in a single sample may be exacerbated when laid out across the room. The owner is advised to use homogenous tiles if running tones or tonality differences are a concern.

Strip tiles are a mixture of clay and quartz ferrous sand materials along with water. Being elongated in design, it is not possible to align perfectly at all joints and minor warpage may arise. The tiler will lay based on their professional discretion in terms of gap spacing and laying pattern that will help in achieving the best practical outcome. The owner is advised to use homogenous tiles of 600mm x 600mm if minor warpages are a concern.

While Our Company provides the necessary design advice and guidance, the Owner has to be ultimately responsible for the selections chosen. The Owner is advised to check in with Our Company should they have any other preferences or clarifications needed as it is not humanely possible to run through every aspect of the renovation process or materials down to the last tiniest detail. The final appearance of the product shall also not be the subject of any dispute for the lack of any advice, photos or in drawings. Some design elements including but not limited to the above, may be better seen in person as they may not be reflected on the drawings accurately so as to avoid misrepresentation.

EXISTING OR LATENT DEFECTS

While a basic inspection of the premises is conducted by Our Company prior to the commencement of the renovation works, it is not possible to inspect and assess the condition of the whole home. As such, should there be new defects discovered during the course of the renovation, the burden of proof rests solely on the Owner to establish that the defect is reasonably caused by Our Company. Should the Owner requires additional touching up works by the developer’s contractors and expenses are incurred, it shall be borne fully by the Owner.

Where there are any pre-existing latent defects or deficiencies, there may be additional work required and additional costs incurred due to site conditions discovered in the course of the project. Our Company will inform and consult the Owner as soon as reasonably practicable after such discovery so that an agreement may be reached with the Owner as to the impact on the project timelines, Contract Sum and deliverables, if applicable.

TERMS OF PAYMENT

Do ensure that payments are made promptly to prevent delay in the project completion. The Owner is required to make progressive payments to Our Company as follows after the confirmation deposit:

(i) 40% OF THE CONTRACT SUM – Upon commencement of the renovation works;

(ii) 30% OF THE CONTRACT SUM – Progress payment;

(iii) 30% OF THE CONTRACT SUM LESS 1000/- – Beginning installation of the carpentry works;

(iv) 1000/- – Upon project completion.

*Note that the terms of payment may vary from the above for some projects. For the avoidance of doubt, the Owner should refer to the given terms of payment of their latest updated quote furnished over email or Whatsapp. The last payment before project completion is capped at a maximum of $1000, for Contract Sum exceeding $30,000. For Contract Sum below $30,000, the last payment is capped at a maximum of $500. Should the outstanding balance exceed the last required payment of either $1000 or $500 after the third payment, our Company may require the Owner to make another progressive payment before the commencement of the remaining final finishes, if any. In the rare event where there might be minor outstanding tasks that may require more than 2 weeks to be completed, our Company may requests the last balance payment of $1000 or $500 to be paid within 7 calendar days, less of the monetary value of the remaining minor works.

Payments made will be updated to the quote. For ease of tracking, Owners are encouraged to make progressive payments rounded to the nearest hundred based on the respective percentages for the first two progressive payments. In case of any error or omission, either The Owner or Our Company may notify the other party to make the necessary amendments to recover any underpayments or overpayments.

The Owner will be notified by Our Company as to the due date for the respective payments by email, SMS and/or any other instant messaging application. Typically, at least 3 calendar day’s advance notice will be given.

Any payment which is due or owed must be paid within 7 calendar days from the date when the notice is given to the Owner that the sum has become due. Our Company is at liberty to pursue any legal remedy and to recover from the Owner for the fair value of the works executed. All Owners of the home are deemed to be jointly and severally liable for the renovation expenses. The Owner also grants Our Company the irrevocable permission to re-enter their home for the purpose of taking repossession of the fair value of the works left unpaid. Overdue payment/s will be listed in DP SME Credit Bureau’s record which can be assessed by financial institutions and other approving credit companies. Full payment must be made before the handover of the home where the Owner will be using their personal lock thereafter.

Our Company reserves the right to cease all design or renovation works at any point in time without monetary refunds to the Owner and/or void any form of Workmanship Warranty in any of the following event/s but not limited to:

Where the Owner fails to make the necessary milestone payments promptly within 10 calendar days;
Where the Owner directly or indirectly makes defamatory statements about our Company without attempting to seek clarifications with Our Company first and awaiting our response;
Where the Owner behaves in a very overbearing manner or makes excessive unreasonable requests and demands;
Where the Owner becomes uncontactable without any prior notice for more than a period of 10 calendar days unless on compassionate grounds;
Where the Owner exhibits severe trust issues and/or expects that the design process or project be done in their manner ; or
Where the Owner is deemed not to act in good faith of the agreed quotation or agreement without admissible ground (such as the Owner disputing the agreed price of the works without any reasonable basis, removing more than 20% of the contractual amount of the agreed works made during the confirmation deposit or nitpicking the design process or ongoing works in an unreasonable fashion, in an attempt to delay, reduce or avoid payments/progress).

TERMINATION

All payments made in any milestone are strictly non-refundable, unless agreed by Our Company or unless there is Non-Performance by Our Company (as defined below). Each progress payments are advanced immediately to the subsequent relevant workmen for the fulfilment of each milestone works. Do note also that the full amount of the initial confirmation deposit of 3240/- (including GST) is non-refundable under any circumstances. The Owner will also not be entitled to have any form of design output. Our Company will be incurring the opportunity cost of time and resources which otherwise have already being booked by the Owner.

In addition, if the Owner wishes to terminate the Contract at any point in time for reasons other than Non-Performance, the Owner shall be liable for 30% of the remainder of the total Contract Sum under the Contract (where such Contract Sum refers to the total amount payable by the Owner under the Contract, and includes, for the avoidance of doubt, charges for additional or optional works that have been agreed by the Owner and Our Company and therefore forms part of the Contract Sum) that has not yet been paid. Full payment for the additional works will be required upon execution which may not be yet delivered to the home.

PERFORMANCE AND FINANCIAL RISKS

Our Company endeavours to complete the works under the Contract with reasonable progress in reasonable time in accordance with industry standards.

However, in the unlikely event that there is a failure by Our Company to meet the obligation under the Contract (where any of such event is referred to as “Non-Performance” in the Contract), the Owner and Our Company shall discuss in good faith to see if an amicable resolution can be found. If no such agreement or resolution is reached within 2 calendar weeks, the Owner shall be entitled to terminate the Contract with immediate effect, and an accounting exercise shall be carried out thereafter (to be completed within 10 calendar days) on a reasonable and objective basis by Our Company taking into consideration the Contract requirements and whereby the value of the works onsite shall be reasonably estimated, and if:

The reasonable value of the works onsite is more than or equal to the amounts already paid by the Owner, the Owner shall not be required to make any further payment to Our Company, nor shall Our Company be required to carry out any further works for the Owner; or
The reasonable value of the works onsite is less than the amounts already paid by the Owner to the Company, Our Company shall refund the difference to the Owner.

Notwithstanding the foregoing, in any event of Non-Performance, payments made by the Owner for any works which have not commenced shall be refunded in full by Our Company to the Owner.

For the avoidance of doubt, Our Company shall be responsible for our sub-contractors and our workmen in relation to works performed under or in connection with the Contract. In the event that our sub-contractors or workmen fail to perform any works or part thereof in accordance with the Contract, Our Company shall ensure that such works are completed in accordance with the Contract.

For the avoidance of doubt, where any delay or failure by Our Company to meet the Contract requirements is due to the initiation or actions of the Owner, such delay or failure shall not constitute an event of Non-Performance. Some examples include but are not limited to:

Where the Owner delays or fails to hand over the keys or to provide access to the premises to Our Company before or during the process of the Project;
Where the delay is attributable to the Owner (such as the Owner being unresponsive or taking a long time to make a decision that is necessary for the Project to proceed in a timely manner);
Where the Owner fails to make payments promptly; and
Where the Owner initiates or seemingly wishes to terminate the Contract.

Where any delay or failure by Our Company to meet the contract requirements is due to factors not within Our Company’s reasonable control, Our Company will inform and consult with the Owner as soon as reasonably practicable so that an agreement may be reached as to the impact on the project timelines and deliverables. An example is where the relevant authorities take an unexpectedly long time or delay in providing any relevant approvals or permits.

WHAT WILL WE DO TO ADDRESS CONCERNS

Our Company welcomes feedback from the Owner during the course of the project, and strongly encourages the Owner to seek our clarification where the Owner has any query or concern. If the issue is genuine, Our Company will certainly attempt to address the concern or remedy any defect in a suitable and timely manner.

Our Company provides a 1-year Workmanship Warranty that guarantees against faulty workmanship or defective materials for the works under the Contract, excluding normal wear and tear or damage due to neglect or misuse by the Owner. Note that this Warranty period will only be applicable if the full payment is made within 7 calendar days after the completion of the works. During the Warranty period, Our Company shall remedy any such faulty workmanship at Our Company’s expense. Do note that Our Company reserves the right not to rectify defects that are not likely to be caused by Our Company based on likelihood and intent.

EXCLUDED CHARGES/COSTS

The Owner is advised to check through to ensure that the required works are included inside the quote from time to time. For the avoidance of doubt, the Contract Sum excludes the following (and the Owner shall be liable to pay for such possible additional charges or costs is necessary) :

(a) additional charges imposed by the Town Council/MCST/relevant authorities, if any;

(b) cost of engaging any professional services, for example, Professional Engineer, if any. Our Company shall consult and obtain the Owner’s agreement before engaging any Professional Engineer;

(c) additional labour charges to carry up heavy materials such as but not limited to glass or mirror panels in the event that the Owner’s premises is unable to be accessed by lift, if any;

(d) air-conditioning works (unless otherwise specified in the Contract);

(e) home accessories and appliances such as but not limited to lighting appliances, sanitary wares or curtains (unless otherwise specified in the Contract);

(f) any form of deposit or insurance coverage required by the MCST/relevant authorities;

(g) any additional works resulting from the existing or latent defects of the home;

(h) any non-standard works including but not limited to: full height carpentry exceeding 2600mm height, door sizes exceeding dimensions of 900mm(w) x 2100mm(h), worktop/backing exceeding the standard depth of 600mm, selection of internal colour pvc or the usage of non-standard hinges or tracks; and

(i) any other items not stated in the quote.

BEST EFFORT BASIS

We will execute and complete in a good and workmanlike manner upon the presented drawings. However, due to actual site constraints or human intervention, minor variations in the design between the presented drawings or measurements in the quotation and the eventual fabricated products can be expected without the prior awareness of the Owner and shall absolutely not be the subject of any objections or dispute by the Owner.

Should the Owner wishes to highlight any specific preferences or requirements, the Owner is entitled to do so prior to the commencement of the renovation works in writing under the Owner’s Requirements. (available for printing from The Minimalist Compass) A read receipt must be given from Our Company in response to the Owner’s Requirements to show acknowledgement. While we endeavour to learn these preferences or requirements, note that all the final works will be subjected to site constraints and completed solely by the professional discretion of Our Company. The contractual works would be deemed to have been performed and payable so long are that fit and sufficient for the intended purpose for the usage of an ordinary person and in reasonable accordance with the proposed drawings presented to the Owner.

In the unlikely event that there is any dispute arising out of or in connection with the Contract, the Owner and Our Company shall first discuss in good faith to see if an amicable resolution can be found. This is to ensure that everyone is given the opportunity to address and to attempt to resolve the issue or potential misunderstanding that is being raised. If no such agreement or resolution is reached within 4 calendar weeks from the discussion, the Parties shall refer the dispute to the Consumers Association of Singapore (CASE) Mediation Panel for resolution by mediation.