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Posted By Mark G
Hello All
Once appointed as a Principal Contractor for a project to what extent can we delegate our responsibilities.
Can we then employ a further company to act as PC on our behave?
Thanks for any assistance offered.
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Posted By Bob Youel
you can delegate lots and lots of things but you cannot [usually] get away from the liability [even when its been in the T&C's] for any wrong doings so whomever you delegate things too must be competent and you must ensure that they do as you agreed
This sort of things is done all the time
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Posted By paulw71
As principal contractor you can appoint another contractor to carry out all work that your company would have undertook but you still retain your legal duties and are still pc under cdm. Also you have a legal duty to ensure whoever you appoint is competant to fill that role.
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Posted By Safe System
as said - you will always be the PC on the f10 and as far as legal responsibilities go. the only time you can "appoint a PC" is when you are the client.
Is there are reason why you are trying to look at this?
You have a numerous legal requirements under the CDM regs and if you appoint a (COMPETENT)contractor to come in and carry the works and effectively manage the site, if anything goes wrong, you are still going to be held accountable.
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Posted By Robert K Lewis
Agree with previous posters - you cannot delegate any PC duties unless the client relieves you of the role and appoints somebody else to undertake the role, including that of managing contractors such as yourself.
Only the client can appoint a contractor to act as PC. Obviously you can appoint somebody to do all your work on site but you still hold all PC duties.
Bob
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Posted By Ron Hunter
In accepting the appointment, you accept statutory obligations which you cannot delegate. Is there a particular issue you have a concern about?
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Posted By Mark G
Hi Guys - thanks for the info.
Reason for asking lies within the structure of our (Group of) company.
The main holding company may potentially be appointed as a PC, we would then look to our daughter company to fulfill some of the 'site' duties of a PC.
We appreciate that the holding company will still hold all the legal responsibilities for the role.
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Posted By Ron Hunter
Therein may be a potential pitfall for a Client? Does a holding company necessarily and actually have the competencies and resources to undertake the PC role?
It might be more 'honest' and transparent were the subsidiary or "daughter" company to bid in its own right, or at least to express themselves as (Company A) trading as (Company B)?
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