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Hazard not identified in pre-tender H&S plan
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Posted By Dee
Dear All,
I would be grateful if anyone could assist me with my query - example incidents would be most welcome.
Our Company has just started working on a site which has Japanese Knotweed. This was not identified in any of the pre-tender plan/information issued by the Planning Supervisor. It is not as if this has appeared overnight it is estimated it has been there about 20 years.
Cost of removal estimated about £13,000, something obviously not included in our budget. Can this cost be passed by to the planning supervisor as it is an extra? Is there any guidance under CDM as who the responsibility lies with if a known hazard goes unidentified?
Quite urgent so any responses gratefully received.
Regards,
Dee
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Posted By Allan St.John Holt
Dee,
I would say you're not going to get anywhere directly under CDM on this one, but it is evidential in a civil claim for damages. Depending on the contract there will be an issue of competent perfomance as shown by the omission under CDM. One for the lawyers, and up to you to decide whether it's worth pursuing on that basis. Nowadays merely the threat of such action will persuade people to own up to their mistakes and omissions and volunteer a solution. Mediation could also be appropriate.
Allan
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Posted By Robert Wise
Have you taken this up with the Contractor administrator, project manager or the lead designer?
Was it included in the BoQ's, project specificaion of drawings??
What form of contract is being used? If it is a NEC contract simply stick in an early warning (of a compensation event) notice to the project manager. Alternatively for JCT or ICE conditions, simply file a claim.
This sounds to me more like a contractual issue where the scope of the works has not been adequately defined.
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Posted By Robert Wise
Also ......
try not to get your environmental and safety hazards confused!
CDM is designed for safety hazards, Japenese Knotweed as I far as I know is more of an environmental hazard unlike something like giant hog weed with is both an environmental and safety hazard. Though I stand to be corrected!!
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Posted By Craig Birse-Archbold
Was an initial site investigation carried out or environmental/tree survey. These should identify hazards such as knotweed.
I don't think the Planning Supervisor would be expected to identify knotweed, especially if it was not identified in any previous site surveys.
I'd be interested to hear how you get on!
Regards
Craig Birse-Archbold
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Posted By Adam Jackson
Is knotweed a hazard?? Its a pain in the **** but does it pose any health hazard? Would be interested to find out - not one I've come across before.
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Posted By Mark Eden
I agree with previous replies - japaneese knot weed is not a safety issue so has no relevance to the CDM Regs. I suggest you check your site first and not try and blame the PS for your own failings.
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Posted By Jim-F
it is a health hazard if you need to carry out exsavations, you cannot dig within 7mtrs of the damn stuff
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Posted By ken mosley
Dee,
This is a prime example of the need for Environment agency to develop some legislation along the lines of CDM. A number of interested parties in construction have been lobbying this for some time.
My advice for your curent problem would be to issue a Technical Query to the contract administrator, asking what to do with it, although you may not get an answer. If your contract is a D&B you will have a more difficult task on your hands as the issue should have been addressed in the employers requirements. If your contract is of a traditional type you should get an AI or engineers instruction/decision and it will become a rerating exercise. If the contract administrator or client doesn't want to 'play ball' you're into a claim situation.
Regarding a comment from a previous respondent you cannot pursue a civil action under CDM ( except reg 10 & 16 ic). This would be reg 11, information provided by client.
Hope this helps.
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Hazard not identified in pre-tender H&S plan
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