Rank: Forum user
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I've no doubt this has been addressed previously but please humour me as it's possible I will be offered a position today where this issue will crop up on a regular basis.
Scenario: Company carries out repair works on domestic premises where an Insurance Company are the client. Said Insurance Companies don't indepedently employ a CDM/C but pay a nominal fee to the contractor to fulfil this role. The CDM Regs, I believe, does not stipulate that this shouldn't happen, though my opinion is that the person (me) carrying out the CDM duties and acting on behalf of the PC (my employer) as H&S Advisor leaves me in an extremely viulnerable position advising both the client and his employer, the PC.
Any thoughts, case studies, recommendations etc will be very much appreciated, I have until this afternoon to make a decision as to what I intend to do should I be offerd the role.
Many Thanks
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Rank: Forum user
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I act as CDM coordinator on small projects where my own organisation might be client, designer or principal contractor. To-date I've not had any issues but I suspect I might not be helpful as my projects don't include domestic premises or insurance companies. Sorry
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Rank: Forum user
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In this situation I would be carrying out CDM/C duties for the client and H&S Advisor for the PC in a stand alone role within the Company. If there was another competent individual within the Company to carry out H&S Advisor role in these circumstances I probably wouldn't be as concerened.
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Rank: Super forum user
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DNW,
As a Senior CDM-C practitioner, I suspect that the size of the project is no where near large enough to provide a suitable fee for a stand alone CDM-C which is why the insurance company have come up with this solution.
As long as you have the necessary competence and resources, undertaking both the CDM-C and the MH&SAW Regulation 7 task for the Principal Contractor on this should not be a problem.
The scope of Code Point 12 of our Code of Conduct is broad enough for this scenario as long as you inform both parties.
It is very common on small projects for Principal Contractors to act as CDM-Cs.
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Rank: Super forum user
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The obvious dilemma is one of objectively addressing, within a CPP, a response to issues raised within a PCI. Usual task of CDM-C is to give opinion of the suitability of the initial CPP! I can see that there must be a great temptation just to short-cut the whole process. You haven't mentioned a Designer element in your Project work. If there is up-front design work, it is important that you are freed up to be involved with the Designers as part of your CDM-C role.
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Rank: Guest
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I am not sure the Insurance company are a client under CDM in this instance. It is poor practice for a Principal Contractor to be the CDMC as clearly there may be conflicts of interest. Badly written legislation however allows it.
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Rank: Super forum user
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DNW
Quite common for the Principal Contractor to also be appointed as CDMC, e.g. with the role transferring on Design & Build or Public Private Partnership schemes (the latter also usually involving transfer of the role of client to the successful consortium).
CDM was drafted to enable maximum flexibility to cater for diverse construction and diverse methods of procurement.
Conflicts are there to be managed. Similar issue as where the Lead Designer is appointed as CDMC.
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Rank: Forum user
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Thank you all for your informed responses most of which I didn't have time to read before the second interview this afternoon.
I have been offerd and accepted the position and having read the comments am feeling more comfortable than I did previously. I have been in a similar position when working for a Consultancy but always felt a conflict of interest was the issue.
Having burdened myself with this unforgiving profession just 3 years ago at least I know where to come for opinions, discussion and clarity, all good from where I'm sitting.
Thanks again,
DNW
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Rank: Super forum user
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DNW
Congratulations on getting the job.
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