How do you get a Notice for non-appointment of CDM-C when the Regs say those duties then default to the Client?

Terry Not sure how the non-compliance was flagged up to the HSE when presumably with no CDM-C there was also no F10? However, from a professional perspective this must be a difficult project to be involved with and no doubt you are considering whether you wish to be associated with such a project. Personally, I think these cowboys deserve all they get. ;)

Ron, I've just re-read the relevant sections of the regs rather than the ACOP and agree the client would be deemed to be both CDM-C & PC but 14(1) would probably be breached because there is no appointment in writing of competent dutyholders. Also the default client / PC would be in breach of secitions 16, 20 to 24 and several other sections although a prosecution would be for breach of the HASAWA rather than the CDM regs as the technicality you've highlighted would be argueable, especially if there isn't an case law. The regs infer that a notifiable project can't operate without a CDM-C and a PC in place, therefore the client must assume these roles so that there is always someone responsible (liable for prosecution). RayRapp, I did hear that a local resident called the HSE over the asbestos issue. I intend to call our client (followed by a letter) later today. I'm not entirely sure which way it will go yet as it depends on the clients attitude. Also I'm not entirely sure how to break association with the contract as far as the F10 goes, I'm not keen to call the HSE re this but you can't just remove the CDM-C from the online form, so I'll have get their advice. Agreed companies like this deserve all they get, but they usually get away with it until some poor sod get's badly hurt or killed and having been on the receiving end of some near fatalities in construction I don't like to think that workers are left at risk partly because I've walked away from someone who's happly to break the law.