Morning All, We all know the regulations as far as client to appoint CDMC etc but what is the situation when someone is appointed as a CDMC by the principal contractor? I.e. Principal Contractor is a luxury developer, the client has appointed the PC to project manage the whole job and only wants to deal with the PC... I believe it to be unfortunately a fairly common scenario but wanted to get some thoughts on it...

The CDM Regs require all appointments to advise the Client of his duties under the Regs. In this instance, the developer PC having been appointed first, should have informed the Client of his legal duty to appoint a CDM-C. Presumably there is also a designer somewhere in the mix, who has exactly the same duty. In other words, the Client's appointments would look to have let him down. Similarly any CDM-C "appointed" by the PC would be duty-bound to approach the Client........etc.

Thanks All.. This is the thing.. the client has appointed a PC and basically told them to arrange the CDMC etc... The PC has done this and will be invoiced by the CDMC for the works carried out?

How about this: PC cannot appoint a CDM-C. Therefore the PC has been appointed by the Client to undertake the CDM-C role. The fact that the PC may have to employ additional competent resource to fulfil that is incidental. The F10, and the delaration thereon, becomes the "reveal" point.

The F10 is concerned with Client appointments. Whilst CDM-Cs routinely complete F10s, remember that the declaration & statements therein are made (in the eyes of the law) by the Client. In this instance, it would appear that the PC and CDM-C are the same appointment. Whilst I might opine that issues are "incidental", that doesn't mean I think them necessarily correct.

Careful guys we don't know all the facts here... Is the client a domestic client? (Hint: If so - his 'palming off' to a pc of all project related activity is normal... and perfectly legal. And then there is no requirement for a cdm-C. Perhaps the PC just wants someone to help them discharge their obligations under H&S law and specifically under the CDM Regs? In which case the appointment of a 'CDM-C' by the PC is understandable (if mistaken) - even laudable - and perfectly legal (if unnecessary). And if the "luxury developer" has a number of standard designs - then perhaps this project doesn't actually require a 'designer' in the conventional sense... Or maybe the designer is based in Germany (Huff house anyone?)

Ray: I guess it depends how you define 'luxury developer' For me, it seems quite possible (even likely?) that this could be a house builder who is asked to build 'luxury' homes - i.e. not Barratt or Millers... And on this basis - a client - a footballer perhaps, or a lottery winner could easily be a domestic client... And please believe me I know what the CDM Regs say about clients making appointments... But I live in the real world and I also know that some clients will NEVER want anything to do with construction activities - and the role of client's agent, whilst not provided for in the 2007 revised Regs, has not actually been prohibited anywhere... If Donald Trump asked ME to build a new golf course two hotels and three hundred new large houses on the links in Aberdeen - I wouldn't turn it down because I didn't know how to build golf courses hotels or houses, or who was going to design them or if Donald had appointed a CDM-C. I'd become a 'luxury developer' overnight, and just do it. And try to keep everything as 'right' as possible without bothering or upsetting my (very) rich client with silly little bureaucratic detail. I know its not what the law says but sometimes I believe that pragmatic self interest is inevitable and even essential. But not necessarily any more dangerous.... Steve

Luke590 Your wealthy person is NOT a domestic client as defined and is thus responsible for the FULL range of client duties whether s/he likes it or not. Having appointed a contractor as PC and CDMC and Designer still makes him responsible for their competency. Bob

My understanding is: Duties on clients - notifiable projects Appoint competent CDMC Appoint a competent principal contractor Ensure the construction dose not start without suitable welfare facilities & construction phase H&S plan The client can act as CDMC so long as thay are competent to do so.