Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
mark.harley928@gmail.com  
#1 Posted : 21 February 2020 18:45:11(UTC)
Rank: New forum user
mark.harley928@gmail.com

Hello all,

  • We are about to sign a lease on a site.  The landlord is then going to carry out substantial refurbishment work. 
  • We will have no employees at the site but may advise as to equipment specs etc;
    • Does this mean that we would assume the role of Client?
RayRapp  
#2 Posted : 22 February 2020 07:53:14(UTC)
Rank: Super forum user
RayRapp

Hi Mark

There is not enough information to answer your question. What we need to know in particular who is paying for the refurbishment?

As a general rule the client is the person who commissions and pays for a project.  

mark.harley928@gmail.com  
#3 Posted : 22 February 2020 16:49:04(UTC)
Rank: New forum user
mark.harley928@gmail.com

Thank you, so;

  • The landlord is carrying out a request by ourselves as part of the tenancy.  He is footing the refurb costs, this may be regained by him through the rent.
  • We will give advice on equipment to be installed
  • We will also have say in some elements of the structure and what goes where in what parts of the building

Ian Bell2  
#4 Posted : 22 February 2020 17:29:51(UTC)
Rank: Super forum user
Ian Bell2

See para 25 & 26 of the CDM Acop, L153

Who ever pays for the work is usually the Client - either way, you need to sit down with your landlord and agree. You have a persuasive argument whoshould take on the duties.

In reality, if managed effectively the same information/actions should be taken regardless of CDM in terms of project manamagment.

RayRapp  
#5 Posted : 23 February 2020 09:09:20(UTC)
Rank: Super forum user
RayRapp

Originally Posted by: mark.harley928@gmail.com Go to Quoted Post

Thank you, so;

  • The landlord is carrying out a request by ourselves as part of the tenancy.  He is footing the refurb costs, this may be regained by him through the rent.
  • We will give advice on equipment to be installed
  • We will also have say in some elements of the structure and what goes where in what parts of the building

In that case it is quite likely you will be considered a designer as per Regulation 2. Interpretation, as follows:

“designer” means any person (including a client, contractor or other person referred to in these Regulations) who in the course or furtherance of a business—

(a) prepares or modifies a design; or
(b) arranges for, or instructs, any person under their control to do so,

relating to a structure, or to a product or mechanical or electrical system intended for a particular structure, and a person is deemed to prepare a design where a design is prepared by a person under their control;

  I suggest you take note of the advice of Ian Bell2 and discuss CDM arrangements with the Landlord. 

mark.harley928@gmail.com  
#6 Posted : 24 February 2020 17:59:23(UTC)
Rank: New forum user
mark.harley928@gmail.com

Thank you all very much, great help.

Users browsing this topic
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.