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rach108  
#1 Posted : 19 August 2020 16:32:02(UTC)
Rank: Forum user
rach108

Hi all. We have a client for whom we are installing the internet. We have been engaged by the client. We used labour only subbies for some of the work, working with our own team. 

Our client is adamant we are their principal contractor. 

I am concerned as they have other works throughout their premises and I do not want them to be confused and hold us responsible for the safety of other contractors on site carrying out other works. We have not been appointed principal contractor and are only in control of the times we are on site, which has been intermittent. 

I am happy to provide them with CPP and other related things they need, but I am worried about the lable of PC and the obligations it brings. Can anyone help me with this? Would we by implcation be a principal contractor?

Ian Bell2  
#2 Posted : 19 August 2020 17:47:28(UTC)
Rank: Super forum user
Ian Bell2

CDM Reg 5 Appoinment of the Principal Designer and the Principal Contractor applies here.

Its the Clients duty to appoint these duty holders for a project in writing.

As you say, you haven't been appointed to be the PC by the Client - then you aren't.

Don't see there is much to argue about, if the Client has appointed you in writing.

Ian Bell2  
#3 Posted : 19 August 2020 17:51:04(UTC)
Rank: Super forum user
Ian Bell2

'hasn't' appointed you.

Why no edit function!!

Ian Bell2  
#4 Posted : 19 August 2020 19:23:18(UTC)
Rank: Super forum user
Ian Bell2

To clarify my 1st post. if the Client fails to appoint a PC and/or a PD, then by default the Client takes on these duties.

The CDM ACOP - L153 is quite clear about this, paragraph 40 page 18 of the ACOP.

thanks 1 user thanked Ian Bell2 for this useful post.
johnmc on 20/08/2020(UTC)
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