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Posted By Robert Randall
Can anyone give me their opinion on the following scenario please?
A firm of architects and designers are approached to design a new build or refurbishment of an existing building for a dwelling house to the building warrant stage. They then put the project out to tender on behalf of their client.
The only subsequent input from the architect firm is an occasional site visit to check that aspects of the design are as specified.
The eventual purchaser of the building pays the architect's fees direct to the firm of architects and designers but all further exchanges regarding the building are between the eventual purchaser of the building and the Principal Contractor and the PC presents the final bill to the purchaser.
My question then: The eventual purchaser is clearly a domestic client and CDM does not apply to them but is the designer a "client" in terms of CDM?
I might be a bit paranoid but this scenario seems to me to be a way for the designer and the builder to avoid the CDM 2007 duties that would normally fall to the client.
Would anybody agree with me or am I missing something?
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Posted By willhiem
who approaches the architects or the builder?
is that not your client? the person who commissions them to do the work!
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Posted By Anthony Slinger
The designers should check that clients are aware of thier duties under CDM before undertaking design work.
With regard to the domestic purchaser, the CDM ACoP says "It is the type of client that matters not the type of property."
It does seem a bit add to me
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Posted By Robert K Lewis
In my parlance the client is the one who had the first glitter in his eye of a structure. Therefore if he approaches the architect he is commissioning the work. Without him it would never have started.
I would hate to be the arbitrator in any contract dispute though.
Bob
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Posted By Robert Randall
Hi Bob
by that reckoning then the client is a "domestic client" and the designer's and builder's duties are limited to Part 2, i.e. there is no need for a CDM co-ordinator nor for a Principal Contractor nor for a Construction phase H&S plan.
Seems I am being paranoid!
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Posted By Martyn Hendrie
In my view if the "domestic purchaser" is involved in originating the project the dis-application of the CDM regulations in relation to "domestic clients would apply.
If he project started as a commercial venture and the domestic purchaser came along later the full CDM requirements would apply.
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Posted By Bob Youel
just one more point to think about
Your client; irrespective of all other aspects, laws, contracts signed etc, is the duty holder re environmental law; so if a leaching occurs on their private land irrespective of who is the builder etc its their [ the clients]liability
The point being is that a client cannot easily cloud over who is resp for what re environmental law as they try to re the CDM
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Posted By Robert Randall
Good point about the environmental law Bob. Many thanks for all who replied.
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