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jamesliepa77@gmail.com  
#1 Posted : 30 September 2016 20:42:41(UTC)
Rank: New forum user
jamesliepa77@gmail.com

I have recently spoken to a large number of insurance repair contractors who are mainly dealing with domestic property repair, they all seem to have a slightly different view on exactly when the CDM regs start. This mainly pans out during flood work where contractors will only submit their Construction Phase Plan once the strip out is complete (kitchen and damaged flooring removed), their reasons for this is that they say striping out a kitchen in neither Construction nor Demolition therefore no CCP required until work on the installation starts.

Not entirely sure this is correct, just looking for other opinion on the matter.

Ian Bell2  
#2 Posted : 30 September 2016 22:50:05(UTC)
Rank: Super forum user
Ian Bell2

CDM Regulation 2 'Interpretation - definition of construction work either (a) or/both (b) covers your scenario

(a)the construction, alteration, conversion, fitting out, commissioning, renovation, repair, upkeep, redecoration or other maintenance (including cleaning which involves the use of water or an abrasive at high pressure, or the use of corrosive or toxic substances), de-commissioning, demolition or dismantling of a structure;

(b) the preparation for an intended structure, including site clearance, exploration, investigation (but not site survey) and excavation (but not pre-construction archaeological investigations), and the clearance or preparation of the site or structure for use or occupation at its conclusion;

The definitions are so wide in CDM. its very difficulut to argue your way out of CDM, except in the examples given.

thanks 1 user thanked Ian Bell2 for this useful post.
jamesliepa77@gmail.com on 01/10/2016(UTC)
jamesliepa77@gmail.com  
#3 Posted : 01 October 2016 13:14:56(UTC)
Rank: New forum user
jamesliepa77@gmail.com

Thanks Ian, that's a realy helpful post.
peter gotch  
#4 Posted : 03 October 2016 13:04:53(UTC)
Rank: Super forum user
peter gotch

James

The CDM definition of "construction work" derives from the Factories Act 1961 definitions of "building operation" and "work of engineering construction" + when HSE was consulting on the original CDM regs, they took the opportunity to close some perceived loopholes in the application of the Construction Regulations 1961 and 1966.

When the courts come to interpret "construction work" they should have regard to the extensive case law on what constituted a "building operation". Essentially anything that was ancillary to, but necessary for the "building operation" itself formed part of the BO. Horsley v Collier and Catley Ltd 1965.

If you can't repair the flood damage and kit new kitchen, without strip out, it follows that the strip out forms part of the "construction work".

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