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johnbhoy  
#1 Posted : 13 March 2014 18:50:50(UTC)
Rank: New forum user
johnbhoy

If a client awards a project to a Main Contractor can they appoint the contractor who will be carrying out the work as Principal Contractor under the CDM Regs
paulw71  
#2 Posted : 14 March 2014 09:03:20(UTC)
Rank: Super forum user
paulw71

John

No. The Principal Contractor is appointed by the client only. And, if I am reading your email correctly, what you refer to as the main contractor, is the principal contractor.

Regards
Steve e ashton  
#3 Posted : 14 March 2014 09:11:28(UTC)
Rank: Super forum user
Steve e ashton

CDM has all sorts of quirks. In this instance - if I am reading you OP correctly - the 'client' has asked a second party (described as a 'main contractor' to do something. This 'main contractor' then wants to appoint a third party to do the actual build... If this is the case... The all that is required is for the first party (the 'client') and the second party need to agree (preferably formally, in writing' who will take the role of client for the purposes CDM. If the two parties agree that the second party is the client - I don't see any problem with the third party being identified as the principal contractor under CDM.

It's explicitly covered at Reg 8. 'election by clients'
Steve e ashton  
#4 Posted : 14 March 2014 09:14:22(UTC)
Rank: Super forum user
Steve e ashton

Sorry, should have added - it depends how the 'project' is described... But virtually anything is allowable if you use the flexibility allowed by the various ifs buts and so forth in the regs. Under the '94 regs, the second party would have been the client's agent. Whilst the 2007 Regs don't identify this role - neither do they explicitly prohibit it...
boblewis  
#5 Posted : 14 March 2014 12:26:28(UTC)
Rank: Super forum user
boblewis

Steve

Cannot agree that this is two clients as one is contracted to the other probably as some form of management/project management contractor. Think of this in terms of a Management Contract - The client appoints a main contractor to manage and the client then employs trade contractors to work under the management contractor. The MC must be the PC in order to control. Otherwise what is the purpose in apppointing the contractor. With Project Management Contracts the trade contractors are employed by the PM contractor.

This main contractor has NO role at all in running the site unless he is appointed as a client representative and not a construction contractor - the PC will be in control of the site
Steve e ashton  
#6 Posted : 14 March 2014 12:54:40(UTC)
Rank: Super forum user
Steve e ashton

Bob:

In many instances you will be correct. But there are others - I am working with two at the moment - where the 'main contractor' as described here is a funding channel only - he may have no 'construction expertise' or other 'control on site' - but has resource to act as client... The 'ultimate client' (the first client from the example above) has effectively appointed somebody else to act as client to arrange and procure the work.. The appointed person has variously been described as the main contractor, the clients agent, the direct client...

I feel it doesn't really matter what the titles are provided the arrangements are clearly spelled out in memoranda of agreement, in contract or however and the roles given duties under CDM are clearly assigned. There are many many different ways that construction can be procured - and CDM does not easily translate into some of them. I believe that recognition of this is why the flexibility was built in to the regs.
firesafety101  
#7 Posted : 14 March 2014 13:59:20(UTC)
Rank: Super forum user
firesafety101

I think if a client appoints a "main contractor" then they appoint a Principal Contractor the first "main contractor would then become Project Manager"?
boblewis  
#8 Posted : 15 March 2014 19:20:20(UTC)
Rank: Super forum user
boblewis

Steve - As I said this is not about election of a client from a number of clients but the use of a "project manager" as a communication channel and client representative. It is ultimately the Client who appoints the PC on the advice of the Project Manager. Main Contractor does not exist in CDM terminology in any real way.
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