Posted By Rob Yuill I am attempting to clarify the legal position when the occupier of a premises allocates an area for a construction project i.e. a new office building. The presumption is that the Principle Contractor has primacy over the activity during the construction phase and that access for the premises occupier is only by permission of the PC (reg 16 (1) (c) CDM). For general access I am considering section 4 HASAWA and Occupiers Liability Act 1984. Has anyone got any case law or general advice on the subject? Rob

Posted By Ron Hunter The CDM context is not that straightforward. Many projects involve considerable overlap with the Client's undertaking (usually but not always the occupier), involving works in occupied premises. Even where the actual 'work area' may be cordoned off, there will still be overlap arrangements for traffic movements, deliveries, fire & evacuation, shared welfare provision, etc,etc. Regulation 16(1) of CDM is of course qualified generally by the terms 'reasonable steps' and 'so far as is reasonably practicable' In a legal context it will be difficult (impossible?) to define a seperate locus or 'premises' for the construction activity and the usual business/undertaking? In the most general terms of course (in criminal law) the client may be held responsible for the actions/inactions of the contractor.