1Introduction and Agreement
These terms form the agreement between you and Road Butler Road Engineering Company Limited for the use of the public website at www.roadbutler.lat and for the supply of the road engineering coordination services described on the services page. Where an order is formal, a separate signed contract may sit alongside these terms and the signed contract will govern anything the two documents disagree on.
The Company reserves the right to update these terms when the service changes. The version shown on this page is the one that applies to any engagement begun after its effective date. A visitor who continues to use the site after a change accepts the newer terms, so checking the date keeps everyone aligned.
2Who Road Butler Is
The developer name Road Butler belongs to Road Butler Road Engineering Company Limited, a company registered in Hong Kong. The Company works in computer systems design, professional scientific and technical services, and computer integrated system design, applied to the coordination of road works programmes, surveys, traffic management and reinstatement.
The legal entity that you contract with, that invoices you and that owes you the engineering duty is Road Butler Road Engineering Company Limited, whose details are given throughout these terms and at the registered office. No trading name in these pages changes who is responsible to you under the law.
3Using the Website
The website is provided to describe the services, to publish works notices and to let you make an enquiry. You agree to use the site for lawful purposes only and not to do anything that overloads, scans or attempts to break into the pages, the forms or the mailbox behind them.
The Company makes a reasonable effort to keep site content complete and current, but the exact condition of a live carriageway can change hour by hour. Works notices on the site are informative summaries; the binding instruction for any night comes from the approved programme plan and the marshal on site.
4Scope of the Coordination Services
The Company offers six programme lines recorded on the services page: road works programme management, site formation coordination, drainage and utility trenching, road resurfacing logistics, traffic management planning, and plant and fleet telemetry. The precise scope of an agreed engagement is confirmed in writing before any commercial commitment.
Road Butler coordinates and manages the works envelope but does not itself act as the statutory road authority. Where a permit, a licence or an authority approval is required, the Company prepares the application and manages the process while the authority remains the decision maker. The limits of this role are spelled out clearly so no client relies on the Company for a power only an authority can give.
5Quotations and Acceptance
Each engagement begins with a written quotation that names the programme, the road, the scope, the schedule and the price. A quotation stands for the period shown on its face and may be withdrawn after that window if plant or material costs have moved.
A service is engaged only when the client accepts the quotation in writing, by signed order or by a clear return message, and when any acceptance deposit stated in the quotation is received. Road Butler reserves the programme capacity for an accepted window and will tell you without delay if an unexpected conflict makes the agreed date impossible.
6Works Windows and Scheduling
A works window is a reserved period during which a lane may be closed for the arranged activity. Works windows are quoted with a starting time and an ending time, and the Company runs the night against that clock from the plate one survey down to the reopen plate.
Scheduling depends on data the client and the authority provide, including traffic counts, event dates and plant readiness. Where the shared data is late or wrong, the window may need to move. Road Butler will always try to protect the published reopening time, and where the Company itself causes a slip it reports the reason and the recovery plan in writing rather than letting the road sit half finished.
7Duties of the Client
For the coordination to succeed the client agrees to provide accurate survey and as built information, current contact details for its own people, timely decisions and any plant, material or access that the quotation clearly states the client will supply. The client keeps Road Butler informed of anything likely to change the plan, such as a private event on a road the Company is about to close.
The client also agrees to make its site reasonably accessible at the promised hour and to keep the Company informed if the site will be occupied by another trade during the window. Good coordination is a two way street, and the client side of that duty is as important as the Company side.
8Permits and Statutory Approvals
Permit work sits at the heart of lawful night works. Where these terms mention a permit, the expression includes excavation permits, lane closure consents and any notification duty owed to the road authority for the district in question.
Road Butler manages the application, the supporting drawings and the site compliance with the permit while it is live. If a permit is refused or arrives with conditions that change the plan, the Company stops the affected activity and agrees the revised approach with the client before spending further. Permit fees and any related charges that the quotation does not include are shown separately and agreed before they are incurred.
9Fees, Invoicing and Payment
Fees are stated in the quotation in the currency chosen for the engagement. Payment terms are also stated there, commonly by invoice after each milestone or after the reopening of a completed window. Unless otherwise agreed, invoices are payable within the number of days shown on the face of the invoice.
Late payment may attract the charge allowed by law and may pause the release of further drawings or further windows until the account is current. Road Butler will always raise an invoice that matches the agreed scope so that a dispute over payment and a dispute over the work are kept to the same single, reviewable record.
10Variations and Additional Works
Sites change, and good coordination plans for that. Where the client asks for a change of scope, the Company prepares a variation note that records what is added, removed or reordered, the effect on the schedule and any change to the fee. Only a written variation signed by both sides binds the Company to the new scope.
Small extras that arise to protect safety or to avoid leaving a road dangerous are handled first and invoiced later with a full explanation. No such urgent extra is used to sell unrequested scope, and the client can challenge any line on a variation notice in the same way it can challenge any other invoice line.
11Site Conditions and Existing Works
No survey can see through every layer of the ground. If the site hides a condition that differs materially from the information provided, such as an undocumented culvert or a porous fill, the Company will pause, photograph the finding and agree the way forward before proceeding deeper.
Existing works that the client has already accepted are taken as found unless the client says otherwise. The Company reports any pre existing defect it notices at the survey stage so that the record shows clearly what the Company created and what it simply inherited. Clean line management of liability starts with clean line management of the survey.
12Health, Safety and Public Protection
Safety is the first obligation of every engagement and is not optional. The Company keeps its people trained and briefed, complies with the traffic management rules of the district, and sets up the cones, signs and arrow boards that protect both the workforce and the public who share the road.
The client contributes by flagging hazards it knows about and by not undermining a closure once it is set. If at any point the Company believes a condition on site is unsafe for the people working or the people passing, Road Butler stops the affected activity and will not resume until the hazard is removed or properly controlled, even if that pause costs the window.
13Plant, Materials and Telemetry Data
Plant may be supplied by the Company, by the client or by a hiring firm named in the quotation. Whoever owns the iron, the Company coordinates its arrival, its safe operation and its return so that a machine never becomes a surprise extra on the road.
Where telemetry is in use, the data stream reports operating hours, location and duty cycle for the management of the works. That data is used to run the programme and, where the quotation says so, to provide the client with a reported view of plant time. The client does not gain an ownership interest in the Company monitoring system merely by viewing its outputs.
14Programme Management Undertakings
Road Butler undertakes to run the programme with the care and skill reasonably expected of a specialist in road works coordination. That means accurate survey references, a realistic critical path, honest reporting and a named controller who can answer for the night.
The Company does not undertake that every weather forecast will hold or that an asphalt plant will never fail. It does undertake to tell you the truth about both promptly and to re-plan around them. The difference between a promise to guarantee the weather and a promise to manage it honestly is one the Company is careful never to blur.
15Liability and Limitation of Claims
Road Butler is liable for loss or damage caused by the Company negligence or by the breach of these terms, to the extent allowed by law. The Company does not seek to exclude liability that cannot lawfully be excluded, including liability for death or personal injury caused by its negligence or for fraud.
For matters where limitation is lawful, the Company total liability to the client for any single engagement is limited to the fees paid to the Company for that engagement, unless a higher cap is agreed in a signed contract. The Company accepts no liability for indirect or consequential losses such as lost profit or loss of programme to a third party, which are matters the client should protect with its own cover.
16Insurance Cover Held by the Company
The Company carries the insurances that a coordination business of this kind should carry, including public liability cover for the risk its people and iron present to the public on a live road, and employer liability cover for its own workforce. The Company will, on request, provide certificates confirming the cover currently in force.
Insurance protects both sides of the bargain only if claims are reported promptly and if the underwriter sees the same honest record the client sees. Road Butler keeps clear diaries and photographs on every engagement so that a later claim can be judged quickly and fairly rather than stalled while the record is reconstructed.
17Warranty and Reinstatement of Works
The Company stands behind reinstated surfaces and reinstated trenches for a stated period after the reopen. Where the Company performed the laydown or the reinstatement and the work later fails through a fault in the Company execution, Road Butler returns to put it right under the terms set out when the engagement closed.
If a failure arises from a line that the client or a utility buried without the Company knowledge, or from a condition the Company flagged at survey, the reinstatement falls outside the Company warranty and is dealt with as a variation. The boundary of the warranty is written down so that no one assumes a guarantee of ground that no surface layer can ever bind.
18Intellectual Property and Documents
The drawings, plans, reports and programme models that the Company prepares for a client are prepared for that engagement. On full payment, the client receives a licence to use them for the purpose of that road work during the life of that road, in line with the permit granted.
The website design, the naming and the trade devices of Road Butler stay with the Company. Nothing in an engagement transfers the Company trade name or the right to reproduce the Company proprietary coordination system for a competing purpose. Where a client wants a reusable template, ask, because a separate licence can usually be agreed.
19Confidentiality of Project Information
Drawings, pricing, site diaries and any unpublished survey data that pass between the client and Road Butler are treated as confidential to the engagement. Neither side publishes the other confidential information without consent, except where the law, a court or a statutory authority requires disclosure.
Trust holds the whole coordination model together. A client enquiry about a pricing rate, a plan a utility has not yet published or a condition a surveyor flagged under the ground are exactly the kind of detail that must not leak early. The Company applies the same discipline to the client confidential information it expects the client to apply to the Company methods.
20Privacy Reference
The way the Company handles the personal data that flows through the website and through an engagement is set out in the Privacy Policy, which forms part of these terms by this reference. Read the privacy section for the names and communications the Company collects, how long Road Butler keeps them and the rights the Company respects.
Where these terms need a person to contact, the mechanics of who holds and who deletes that contact data follow the Privacy Policy and not this document. The two documents are designed to be read together and are kept deliberately consistent in language and in promise.
21Suspension and Termination
Either side may suspend an engagement in writing where the other is in clear breach, giving the other a stated period to put the breach right. If the breach is not cured within that period, the suspending party may terminate the affected engagement on written notice.
On termination Road Butler stops further work except what is needed to leave the road safe and to return any client drawing or material already handed over. The client pays for work done fairly up to the date of termination, and the Company returns any unused advance. Either side may also end an engagement by agreement at any time, recorded in writing to avoid a dispute over when the duties stopped.
22Force Majeure and Delays
Neither side is liable for a delay or a failure caused by an event outside its reasonable control, including extreme weather, a strike at an asphalt plant, an authority closure it could not foresee or a failure of a public service on which the works depend. Where such an event occurs, Road Butler tells the client promptly and re-plans the affected window.
A force majeure event does not end the engagement unless it lasts so long that the purpose of the window is clearly lost. In that case either side may end the affected window by notice, with fees settled only for genuinely completed work and no penalty applied to the side that was simply stopped by the same storm.
23Disputes and Governing Law
These terms are governed by the law of Hong Kong and any dispute that cannot be settled between the parties is subject to the jurisdiction of the courts of Hong Kong. Before turning to the courts, the parties agree to try to resolve the matter through a short period of direct negotiation between senior representatives.
Mediation may be tried where it helps and where neither side wants the cost of litigation over a night of asphalt. A dispute about a single reinstatement should rarely end a working relationship, so the Company prefers a technical fix and a shared report to a courtroom fight whenever the facts can be agreed.
24Severability and Entire Agreement
If a court decides that any part of these terms is invalid or unenforceable, that part is struck from the agreement and the remainder stays in full force. A single unenforceable clause should not bring down the whole understanding between the parties.
These terms, together with any signed contract and the Privacy Policy they reference, form the entire agreement between Road Butler and the client for an engagement. They replace any earlier discussions or draft quotations unless a signed contract says otherwise, so the written record is the record that counts when the night opens.