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allanwood  
#1 Posted : 13 September 2018 12:49:51(UTC)
Rank: Forum user
allanwood

I already know the answer to this but here goes

if a company is appointed as Principal Designer for a design and build contract, and they then appoint another company to assist them in this role, can they delegate their duties and responsibilities to this "other company".

How would this then affect the company appointed as Principal Designer in the event of a prosecution by the enforcing authorities.

regards

Allan

RayRapp  
#2 Posted : 13 September 2018 19:51:05(UTC)
Rank: Super forum user
RayRapp

I love posts which start with I know the answer to this... :)

If the PD delegates any duties to another designer they will still be the PD as appointed by the client. The client also has a duty to ensure the PD complies with regulations 11 and 12.

The design company assisting the PD still retain duties pursuant to the CDM Regs (Reg 9). 

allanwood  
#3 Posted : 13 September 2018 20:26:33(UTC)
Rank: Forum user
allanwood

as with most things ray there is method in this madness.
Eddscott  
#4 Posted : 14 September 2018 08:13:00(UTC)
Rank: Forum user
Eddscott

In simple terms - if you are company A and you used Company B for the PD role, then they can either use internal resources or seek other external solutions (e.g. subcontractor) - you as the Client in company A will seek assurances from Company B that this is being undertaken - how they choose do to that - that is up to them. BUT... you may stipulate in a contract agreement that no parts of for PD role can be outsourced - that is a contractual agreement and not part of CDM.

 

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