Rank: Forum user 
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Has anyone had any experience of a Principal Designer (PD) being novated to the contractor under a Design and Build (D&B) Scheme?
I am representing a designer who under a written agreement has been appointed PD by the client. As the scheme is merited under a D&B the PD has been novated to the Principal Contractor (PC) as Designer to carry out further design work during the construction phase. The PC has instructed the designer to maintain their role as PD. Para 37 of CDM 2015 makes reference to a "Novated Designer" not a novated "Principal Designer" where the regs continue to state "it may be appropriate
for the initial principal designer appointment to be ended and a new principal
designer appointed". My quesetion is, can the PC appoint the novated designer as PD?, or would you say that responsibility lies firmly with client as per reg 5(1)(a) I welcome any responses. Thanks Damian
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Rank: Forum user
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Hi Damian, This is commonplace with D&B Contract for the PC to take the role of PD. The Builder will usually have a designer novated to assist with the design (I presume this is where you lie?). This novated designer may well satisfy regulation 11 if they have the necessary skills, knowledge, training, experience, organisational capability. If not, the designer can request the services/support of a CDM Advisor, or the builder can request the services/support of a CDM Advisor Whatever happens, the Client has to appoint. Therefore the Client has to be made aware of these decisions.
Does that answer your question? I'm conscious I have Friday afternoon brain!
Kate.
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