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Raydetinu27  
#1 Posted : 11 December 2017 02:23:20(UTC)
Rank: New forum user
Raydetinu27

We are acting as PD on a project for a few months and now, the client has decided to let contract out to a design build contractor to tender and finish off, with ourselves being novated over to be part of the d and b team, working for the contractor. So my question is can we still be PD if working for the PC? Surely our appointment from the client will end, when PC appointed! So who will fulfil PD role, the PC if they will accept it? Could the PC ask us to carry on? and appoint us?
RayRapp  
#2 Posted : 11 December 2017 09:40:28(UTC)
Rank: Super forum user
RayRapp

As I understand the CDM Regs you are still the PC having been appointed by the client, regardless of any other contractual arrangements, unless the client notifies you in writing you are no longer the PD or you decide you no longer wish to carry on as the PD.

Raydetinu27  
#3 Posted : 11 December 2017 11:31:01(UTC)
Rank: New forum user
Raydetinu27

Originally Posted by: RayRapp Go to Quoted Post
As I understand the CDM Regs you are still the PC having been appointed by the client, regardless of any other contractual arrangements, unless the client notifies you in writing you are no longer the PD or you decide you no longer wish to carry on as the PD.
I pressume you meant to say we are still the PD! I understand there can only be one PD, so we can be a servant of two masters at the same time? Conflict of interest maybe? Maybe I am looking for problems that are not there, as not done this before! So not sure, hence seeking advice. What I am sure of is that the HSE won't care as long as there is a PD appointed. Thanks for response.
RayRapp  
#4 Posted : 11 December 2017 12:29:18(UTC)
Rank: Super forum user
RayRapp

Apologies for my brevity but other pressing matters intervened. I think the link below will answer your questions better than I can put together a precis.

http://constructionblog.practicallaw.com/cdm-2015-can-a-client-appoint-a-principal-designer-for-part-of-the-project/

Woolf13  
#5 Posted : 11 December 2017 12:33:10(UTC)
Rank: Forum user
Woolf13

The duration of the principal designer’s appointment should take into account any design work which may continue into the construction phase or any issues that may arise during construction involving the need to make suitable modifications to the designs.

For projects involving early work by a concept architect or project management company where a design and build contractor or novated designer is subsequently involved, it may be appropriate for the initial principal designer appointment to be ended and a new principal designer appointed.

It is a discussion between the client, yourselves and the PC as to who will take on the PD role. Ultimately if the PD role is not agreed and appointed in writing by the client then the client takes on the role of the PD under CDM.

I hope this helps.

Edited by user 11 December 2017 12:34:26(UTC)  | Reason: Rubbish font and original post would not let me change it.

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