Posted By Ron Hunter "Appointed" by both = two contracts with two employers?! I suggest this "Two Client" route will be frowned upon by HSE. My understanding is that one party must agree to take on the role of Client - although this can be transferred at a later stage (see below). The CITB (free)CDM Client Guidance document provides useful insight in this context: "Clearer guidance has also been provided by the HSE with regards to modern procurement routes,including PFI and PPP. The client duties fall to the project originator, who must ensure competence of the team and not delay the formal appointments required by the regulations, such as that of the CDM co-ordinator. These duties can be transferred once the formal contracts are in place but the ACoP states that such transfers should: • be clear to, and agreed by, all those involved • be clearly recorded • provide the practical authority to discharge the client’s duties." I think the last bullet point says it all really? Otherwise, generally, the cynic in me (and previous experience) says that a "shared" responsibility usually equates to "no-one's" responsibility.

Posted By Ron Hunter In the spirit of furthering discussion: I've always thought Regulation 8 (election by Clients)of CDM to be a bit woolly in its wording - it seems to me to be more about excluding those who aren't identified in a written agreement between clients from any further (qualified) duty under CDM. I think the fact that Regulation 8 isn't specifically referenced in the ACoP tells us something? I personally hold that paras. 39 -42 of the ACoP (discussing matters of definition under Regulation 2)provide a clearer insight into the CDM intention and principle of the nomination of a "single" Client (at any one time - the Client function can be transferred), and this meaning would seem to carry forward consistently into the CITB Guidance documents?

Posted By Ron Hunter I'm with you in principle, BOD, but the wording of Regulation 8 refers to "one or more such clients elect in writing to be treated for the purposes of these Regulations as the only client or clients........" and I find that (as a stand-alone Regulation)to be as clear as mud. My assertion is that, at any one time, there can only be one Client?

Posted By pw170670 Thanks for your thoughts. Re. "Appointed" by both = two contracts with two employers?! Yep, said it wasn’t easy. One is a Housing group working with the disadvantaged, the other a local authority. Bits of land adjacent to each other, one owned by one, one owned by another. The way funding for them, from separate bodies, has been arranged, is that it is separate projects form a funding point of view, but one project from a CDM point of view (one PC, no phasing, works to be concurrent). The QS is happy as well! I agree with the sentiment "shared" responsibility usually equates to "no-one's" responsibility”, but I am going to ensure that does not happen – CYA procedure! As I stated originally “section 4) of the F10 has "if more than one client" etc”, so it is not unexpected for the HSE to receive notification with two clients. I agree with the point of “getting somebody to sign the F10”, and getting the “very highly paid legal beagles would need to sort this area out at a later date if there were any problems”. The F10 is not some mystical document. The purpose of it is to notify the HSE of the project, and contain relevant information. When the Client(s) sign it, they are signing that they are aware of their duties under the CDM 2007 Regs. If it’s more than one Client, if it all goes wrong, maybe the HSE can prosecute both & get more money! Maybe I’ll end up in court as test case? I’ll let you know. But from the discussion, it is obvious (as I thought), this is a bit of a grey area that requires further clarification. Thanks for your help.

Posted By pw170670 Like you we don't use the online version, more trouble than it's worth. Our F10 section 4 has wording similar to section 2 of the old F10. The online version Client section(9)has nothing about multiple clients, thanks for the prompt!