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#1 Posted : 29 July 2009 11:44:00(UTC)
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Posted By JLH70 Quick one for the CDM experts. If an F10 notification for construction work has expired and work is still ongoing, what would the legal implications be to the Principal Contractor and/or CDM-C? Fine? Improvement Notice? I would have thought that as its the CDM-C's duty to inform, they should also monitor the dates and be liable for any penalties. In reality, I believe the PC/Contractor and CDM-C would each monitor the dates (and other information) and raise the issues if the F10 needs an extension/amendment but I just wondered who the buck would stop with if the extension of date etc had been missed and the notification epired by some considerable time. Cheers
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#2 Posted : 29 July 2009 15:29:00(UTC)
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Posted By Bryan Goldsmith 16052 The F10 is just a vehicle for notifying the details asked for by the ACOP to the HSE. As long as most of the info is correct the HSE are unlikely to take any enforcement action because a detail is not 100%. Change of Client/PC/CDM-C/Designer would require F10 Additional to be sent ASAP For example I would not send F10 additional for a minor change in the number of workers / conmtractors on site or for an over run of a couple of weeks (provided the overun did not include any work of a potentially higher risk to the works in general. Its a team effort so it can be checked on the regular progress meetings.
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#3 Posted : 29 July 2009 18:43:00(UTC)
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Posted By Peter Tanczos Interesting legal question - The Law clearly states that HSE needs to be notified by the CDM-C, and that Client and Principal Contractor details are present but that's it. There's no further legal obligation to ensure that the information remains accurate. It is merely 'helpful' to notify HSE of a change of PC or if the dates change etc. I don't know what would happen (on appeal) to an IN issued because the F10 expired. As a former inspector I would have to think long and hard about what I could actually issue the notice for. I do know that I would be slightly annoyed and looking in far greater detail at other issues if I suspected that you already knew the F10 had expired and weren't in the process of remedying the situation. It would also indicate other "failings" might be present that are enforceable.
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