Rank: New forum user 
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Hi All I'm hoping you can provide some insight; is it possible for a "contractor" under a JCT D&B contract to pass on the role of Principal Contractor under CDM to a sub-contractor? The specifics of the situation are that the "contractor" under the JCT is in fact essentially a developer and will not undertake any site works themselves - they are subbing the works directly to a builder. The HSE definition of Principal Contractor appears to me to make the JCT contractor the PC by definition, but the reality is that their builder will be the firm actually responsible for planning, coordinating and ensuring H&S on site. If the JCT contractor is indeed the PC by definition, presumably they can discharge their obligations by ensuring they appoint a competent advisor, who may well be from the builder they appoint to undertake the works? There will be an independent Principal Designer appointed by the client who will be PD post-contract too. Any thoughts/advice would be appreciated. Thanks
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Rank: Super forum user
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The PC is whoever the Client appoints.
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Rank: Super forum user
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Subcontractor Nirvana = being appointed PC in control of the contractor appointing me
The reality in this case would seem to be that the developer is in fact the client.
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Rank: Super forum user 
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Hmm not really sure what angle you are approaching this, but as Ian Bell2 points out - the PC must be appointed by the Client. Therefore I cannot see how the appointed PC can delegate that role to another contractor legally. They could ask another contractor to fulfil the duties of a PC, but the appointed PC would still be the PC in law with all the bells and whistles that go with the appointment.
There is an alternative where the client does not appoint a PC and therefore becomes the PC by default. They could then delegate the role of the PC to whoever they so wish. However, whoever accepts the roles they must be competent pursuant to Reg 8.- (1) & (2) and moreover, whoever appoints them must also be satisified they can fulfil the competencies in 8. - (1).
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Rank: Forum user
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If the JCT contract stipulates the D&B contractor will be PC then I can't see how they pass it off. Remeber the PC appointment must be made in wirting and I would always advise for it to be a seperate letter confirming the appointment from the Client.
In the real world, I have seen this done many times however, where the "main contractor" never has a site presence beyond being named on an F10. A well known electric utilities company for example do this on most of their jobs with a groundworker sub-contractor fulfilling the PC duties at site level. Equally many contracts I have worked on involve an appointed PC for the demo/groundworks phase with the housebuilder then picking up the role once the first contractor has finished the demo/groundworks. The key will be to ensure whoever is in charge of the site on a day to day basis is competent and capable to do so. More than happy to have a phonecall with you to discuss if required. Thanks
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