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sutty  
#1 Posted : 14 February 2011 15:05:13(UTC)
Rank: Forum user
sutty

I have a Client who is friends with the Contractor and therefore unfazed about his H&S performance. The Contractor will not provide any information relating to his competence and the client does not care. i have informed both the Client and the Contractor of their responsibilities yet both just carry on.

Apart from walking away from the project, can anybody recommend alternative courses of action?
Heather Collins  
#2 Posted : 14 February 2011 15:14:03(UTC)
Rank: Super forum user
Heather Collins

What's your role here Sutty? CDM-C or general consultant?
sutty  
#3 Posted : 14 February 2011 15:15:02(UTC)
Rank: Forum user
sutty

oh yeah it's CDM-C for now, considering walking though!
Heather Collins  
#4 Posted : 14 February 2011 15:15:58(UTC)
Rank: Super forum user
Heather Collins

and what stage is the project at? (thinking the walking away option sounds about right!)
sutty  
#5 Posted : 14 February 2011 15:19:28(UTC)
Rank: Forum user
sutty

The plan is to commence on site ops at the start of march.
GeoffB4  
#6 Posted : 14 February 2011 15:34:14(UTC)
Rank: Forum user
GeoffB4

Can't do the job until you get some information - so just put in the invoice for the work to date.
Ron Hunter  
#7 Posted : 14 February 2011 16:58:46(UTC)
Rank: Super forum user
Ron Hunter

So the day must be very near when you have to advise the Client that the CPP is sufficiently developed to enable the Construction Phase to proceed.............perhaps best to resign the commission now!
Canopener  
#8 Posted : 14 February 2011 18:25:13(UTC)
Rank: Super forum user
Canopener

The above seems like a pretty sound suggestion!
V Woodward  
#9 Posted : 14 February 2011 18:56:39(UTC)
Rank: New forum user
V Woodward

Oh boy - the worry is that if you walk away and the Client, as you say is "unfazed" - will he even bother to appoint a new CDM-C? Has the F10 gone in?
bob youel  
#10 Posted : 15 February 2011 07:23:27(UTC)
Rank: Super forum user
bob youel

Once U have been paid for your first invoice resign at that point telling the appropriate authorities and the CDMC/CDM group in your area about the company so as another CDMC does not get caught out
Centurion  
#11 Posted : 15 February 2011 16:10:13(UTC)
Rank: Forum user
Centurion

Have the Client and Contractor ever been involved in a similar project?
Garfield Esq  
#12 Posted : 16 February 2011 00:39:16(UTC)
Rank: Super forum user
Garfield Esq

sutty wrote:
I have a Client who is friends with the Contractor and therefore unfazed about his H&S performance. The Contractor will not provide any information relating to his competence and the client does not care. i have informed both the Client and the Contractor of their responsibilities yet both just carry on.

Apart from walking away from the project, can anybody recommend alternative courses of action?


I would try having a full and frank discussion in plain english dropping all references to terms like competence. If still no success, advise politely that you must withdraw your services...
MrsBlue  
#13 Posted : 16 February 2011 08:37:22(UTC)
Rank: Guest
Guest

I can't believe the answers to the original post. So you walk away and some poor sod dies. How does that help!! So all in all you only pick the easy jobs - this must be wrong.

I would have them both in - talk to them - and try to convince them of their responsibilities. If that fails then straight to the HSE.

They are obviously a bunch of cowboys who need sorting out.

Rich
Goldy  
#14 Posted : 16 February 2011 09:31:18(UTC)
Rank: Forum user
Goldy

Sutty,

I have also come across similar situation where the PC is not willing or is tardy in providing information and in fact was quite indignant that his competence was being called into question after XXXX years in the trade.

The problem with this one is that he is a developer(one man band) and effective owner of the land until the transfer to our client is completed which is at the time of going into contract. So a lot rests on my approach and our company systems don't fit all.

I have carried out searches both on companies house and HSE etc and contacted previous clients for any info - just for background and future use.
The final call is the client's duty to only appoint competent contractors and we advise that having made 'reasonable' enquiries with no result or result x,y,z we are unable to advise as to the contractors competence.
In your case the your client has probably already made their own mind up as to the Competence of the contractor and provided you are able to show that you made reasonable attempts to follow through your processes and advised your client, the risk from the appointment remains with the client.

May have to spend a bit more time crossing Ts and Dotting Is but I would not walk away from it and it will also be influenced by the competence of others on the project team and their relationship with this particular contractor.

Long winded answer but there are a number of ways to skin a cat.

Stedman  
#15 Posted : 16 February 2011 12:08:34(UTC)
Rank: Super forum user
Stedman

Sutty,

What is the overall value of the project?

In CDM-C terms if this is a small project as I suspect, if the Client and Principal Contractor are not really interested in following the spirit of the CDM process, you are on your own, your PI insurance is at risk, the reputation of your practice is at risk and I would also be concerned over the time spent on the project vs. the income.

Have a look at IOSH Code points 7 & 12 and the Consultants code on the Code of Conduct.

There is no shame in resigning the CDM-C role however don’t forget to submit an F10 identifying that you have done that.

JohnW  
#16 Posted : 06 May 2011 12:15:00(UTC)
Rank: Super forum user
JohnW

Just adding to this thread as I have just resigned as CDM-C from a building/renovation project.

I came into the project (building/renovation £500k) when the client contacted me last year, he'd had 3 prohibitions issued, and I came in as his safety adviser and offered to do CDM-C (which he had never heard of).

I've tried to educate the client (developer) in CDM, but he can't/won't take it in, so he has never allowed me to assess contractor competencies, never allowed me to give labourers Toolbox Talks, still hasn't written up a CPP, won't assist in compiling an H&S file, and this year hasn't allowed me on site without appointment, keeps saying there's nothing much going on. I've only been on the site twice this year and each time some work HAS proceeded without Risk Asessments, without Work At Height assessments.

I feared for the employees but also feared for my own business. The site is illegal and my PI insurance would not help me if there was a serious accident?

The last straw was when, for the third time, scaffolding had been erected and worked on without any record of pre-use inspection, no scaff-tags or weekly inspections.

Met last week to say I was resigning, I wrote a formal resignation letter/e-mail citing reasons. He has accepted the resignation. So I have amended the on-line F10 form removing my name/details as CDM-C.

Have I done enough?

I offered free safety advice until client appointed a new CDM-C. He replied 'I've already appointed someone' but I'm sure he doesn't understand even now what a CDM-C is.

If a new CDM-C is ever appointed for that project does the F10 that I originally submitted need the new CDM-C to come along and enter his details? (it needs the ID and my e-mail to amend) ?

JohnW
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