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Posted By David G C
Senario Notifiable Project
Employer: Mr Property Manager (CDM C would be acting as a sub-consultant to Mr Property Manager who are acting as Project Managers for the Client). Mr Property Manager would inform the client of the sub-appointment; however they are not prepared to appoint CDM Co-ordinator directly in the role of CDM-C.(admin burden)
This situation must be familiar what would be views on ways of approaching a relationship such as the duty holder employers agent will no longer exist and shift in liability.
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Posted By Catman
Hi David
I am probably being thick here but, are you saying that the project manager, acting on behalf of the client, does not want to appoint the CDMC?
Or are you saying the project manager does not want to do the role of CDMC themeslves?
Either way. The client, who is the person who ultimately is saying 'please build me that building' should appoint a competent CDMC. Whether that is done by the project manager or by the client themselves, it is the clients duty.
In terms of liability, if the client does not ensure appointment of a competent CDMC then the client is in breach.
I suspect that the project manager would be seen as an arm of the client rather than as a separate client in their own right as they are not at the very top of the supply chain.
Cheers
TW
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Posted By holyterror72
Howdy,
I may have got your question wrong as well.
A recent example of a Client was held at a CPD event for this where the client was never present and didn't really care whats happenings as the project manager was acting in there best interest and therefore not interested in communicating with the CDM-C.
Although the 'Clients Agent' has been abolished under the new regs in reality it will still happen as project managers act as agents, although a project manager will never sign anything excepting clients liability (risk equals extra fee.
I have asked the HSE about this but they are yet to reply. It is a bit unclear under the new regs I think but I'm sure i know whats implied. I think the contract as CDM-C will have to empower the CDM-C on behalf of the Client and nothing goes ahead without the CDM-Cs say so on their behalf. As long as it doesn't become political and decisions are based on reality it may work out OK that way, but time will tell.
Howdy,
I may have got your question wrong as well.
A recent example of a Client was held at a CPD event for this where the client was never present and didn't really care whats happenings as the project manager was acting in there best interest and therefore not interested in communicating with the CDM-C.
Although the 'Clients Agent' has been abolished under the new regs in reality it will still happen as project managers act as agents, although a project manager will never sign anything excepting clients liability (risk equals extra fee.
I have asked the HSE about this but they are yet to reply. It is a bit unclear under the new regs I think but I'm sure i know whats implied. I think the contract as CDM-C will have to empower the CDM-C on behalf of the Client and nothing goes ahead without the CDM-Cs say so on their behalf. As long as it doesn't become political and decisions are based on reality it may work out OK that way, but time will tell.
Another interpretation of your question, and slightly quicker, is that any one who is a 'designer' or, I would argue, construction industry regular who knows about CDM would have an obligation to tell the Client about their obligations as usually they cant legally undertake their duties properly without a PS being appointed.
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Posted By David G C
the Project Manager is acting on behalf of the client.
The Project Manager is looking to outsource CDM C duties.
i understand the client is ultimately responsible but the client is not prepared to instruct a CDM C directly only via the project manager.
At this stage it is understood the client understands his responsibilities - new CDM 2007 (no contact made as yet although prepared to do so) but is insisting on a one stop shop utilising the project manager.
i am assuming a simple form of contract between Client /PM /CDM-C bearing in mind the client is unable to transfer responsibilities but i am unclear on the route/approach to take on this type of situation.
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Posted By David G C
holyterror
Your post is the situation (silent Client) i am trying to put across and your interpertaion has made things a clearer.
Thankyou
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Posted By Karen
Surely as long as the client is satisfied a competent appointment has been made, it shouldn't really matter who pays the bills?
At the end of the day the client will be paying directly or indirectly.
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Posted By Linda Crossland-Clarke
Hiya
How about this one then?
Client decides that it has a team of people who can be the CDMC. Say 4 people, (engineers, safety people, project mgr - a bit of mix) but looking at the new guidance not one of them is qualified enough to do the CDMC's role singularly.
There are 4 + projects on the go on the F10, each team leader looks after one project, and has their own safety file. No one person coordinates the team, no one person makes a final decision. In fact its possible that the team don't know what each others project entails at any given moment.
Discuss... as its all beyond me now!
Regards
Linda
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Posted By holyterror72
Firstly, no one can except an appointment they aren't competent for. The requirements for appointing a company as a CDM-C are different to an individual though. If you appoint a company its much easier to have all disciplines internally than it is for an individual. But do you you need a chartered engineer for a fit out project? I would suggest not.
Secondly, as part of the competence checks a Client must make, as per the ACoP, the CDM-C(s) should demonstrate how they will aid communications, which if all part of the same team shouldn't be a problem. communication with other people affected by the works (possibly each other projects in this instance)is all in as a requirement as well.
In instances such as this, depending on the 'ins and outs ' of the projects normally a team meeting would be held to discuss logistics, general safety, trends, etc, etc.
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