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Crossman900074  
#1 Posted : 20 February 2012 11:23:03(UTC)
Rank: Forum user
Crossman900074

I have a specific question about CDM that I hope one of you kind folk can enlighten me on. I have a situation where we are the owners and occupiers of the building and we have a company that are hiring the use of the building for a couple of months (complete with the existing operation and staff). The hiring company want to add some equipment and make some changes to the infrastructure of the building, to which we are not opposed. The hiring company are approaching us to undertake this work by way of a contract and appoint us as principle contractor. The hiring company are also writing the specification of the works to be carried out, selecting the subcontractor and providing an design of what they required to be undertaken. Ultimately all of the work will be paid for in one form or another and a lot of what is being installed will be left for future use by us. I am a little confused by all of this as I feel that we retain an element of being the client or co-client as it is our building and we are the owners and occupiers, I don't really feel comfortable with undertaking the principle contractor role. I am after some guidance on this situation as it is a little confusing. Any help will be appreciated.
Ron Hunter  
#2 Posted : 20 February 2012 12:02:46(UTC)
Rank: Super forum user
Ron Hunter

Competency is at the heart of CDM, with all parties having specific duty to ensure their own competency and that for any one else they appoint. If you (or your Organisation) have no experience or resources to fulfil the Principal Contractor role then you must decline. There are obvious landlord v tenant issues which are probably not insurmountable, however there are potential overlap issues with construction work and the activities of the employees already in the building. If your Organisation has any employer status in that regard then you will want ot be closely informed regarding any potential risk arising. You also seem (with respect) slightly unclear as to the status of your Organisation. If this tenant is operating from the premises using existing facilities and staff then, at least for the time being, I would not have thought you would be designated as the "occupier". Some of these issues will (or should be)clear via specific lease / contract terms.
SP900308  
#3 Posted : 20 February 2012 12:46:01(UTC)
Rank: Super forum user
SP900308

Crossman, Seems like a lot of work and expense for a couple of months hire! How long is it anticipated the works will take to complete - Notifiable / Non Notifiable? Simon
Crossman900074  
#4 Posted : 20 February 2012 12:48:07(UTC)
Rank: Forum user
Crossman900074

Due to the amount of work that is involved and the manpower that will be required to meet the deadlines, this will definitely be notifiable
SP900308  
#5 Posted : 20 February 2012 13:00:22(UTC)
Rank: Super forum user
SP900308

Along with Ron's competence must, is your company able to resource the role? Does the building have an up to date AMP? Is your company also to be tasked with arranging R&D surveys? If so, do you have enough time to facilitate this? How many different trades are likely to be involved? Multiple trades, operational building and compressed construction programme - work cut out! Finally, can your organisation manage this?
Stedman  
#6 Posted : 21 February 2012 11:07:36(UTC)
Rank: Super forum user
Stedman

Crossman, From your description, if you look at Regulation 2.1 of the CDM Regs the hirer would be the Client and not your organisation which should clear up any confusion.
SP900308  
#7 Posted : 21 February 2012 12:26:55(UTC)
Rank: Super forum user
SP900308

Stedman, As highlighted by Crossman's original post - 'The hiring company are approaching us to undertake this work by way of a contract and appoint us as principle contractor' (Principal Contractor). Only the CDM Client can make the statutory appointments!
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