The client appoints a PC. The client employs another contractor on the same job to build a building within the site all part of the same overall project. I know the PC still has overall responsibility for site, including this contractor that the client has appointed. Even though there is no input into vetting this contractor, no input into the commercial aspect, planning, coordinating no contract with them etc just monitoring. My question is under CDM what role has the client now undertaken by employing this separate contractor - does the client now under CDM becoming a contractor also???

Only one PC and aware of overall responsabilities for the whole site, whoever is on it contractually or not The client has employed this other contract to build within the project. They client has the contract with them, manage them, plan with them, coordinate with them and all commercial aspects. We only coordinate when they come into our footprint and we monitor them. Under CDM does the client now become a contractor also?

Thanks achrn, i understand where you are coming form. You are right that it is more complex than i have said. It is with the legal eagles just now so we shall wait and see the outcome. Thanks again

Sorry but let us be straight - if this is occurring in the project area then the client has to novate control to the PC or wait until the PC hands back the project area to the client control. If the contractor is novated then there is no problem he is under the PC control totally and as a competent PC I would ensure that this contractor is competent or request extra payment for additional supervision levels. Nominated contractors by clients is not out of the ordinary as long as full control is handed to the PC. Yes it is not the best contract letting arrangement and has weaknesses as you have identified. But there is no reason for the client to be regarded as a contractor. If anything I would criticise potentially the CDMC IF he has not fully advised the client about the problems in this arrangement of novating a general builder to another Build Contractor especially as it is more costly to do so. These will be exacerbated when the building is being fitted out with services etc - who will be appointing the electrical, mechanical, decoration etc contractors for this building? The PC or this contractor. A poorly designed contract here and the QS should have warned the client of the financial issues very clearly. Really am amazed that it has got so far Bob

Agreed, but there can be two (or more) projects simultaneously on the same site, so there can be two (or more) PCs simultaneously on the same construction site, so the fact that another contractor is building a building within the same site does not preclude that contractor being the PC for that building while another contractor is PC for other things on the same construction site.