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#1 Posted : 28 February 2006 15:19:00(UTC)
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Posted By Arran Linton - Smith I have been asked this question and I have my own view, however on this occasion I would like to draw on the consensus of other members of this forum. I am aware that under the revised CDM Regulations the appointment of more than one Principal Contractor is probably going to be discouraged. What are the advantages and what are the disadvantages of using different Principal Contractors?
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#2 Posted : 28 February 2006 15:36:00(UTC)
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Posted By Dave McIness YES, but it is not necessarily a good thing!
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#3 Posted : 28 February 2006 15:41:00(UTC)
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Posted By Jos I would say that you may need to have a different Principal Contractor on different phases. An example being a demolition contractor in charge of the whole demolition phase, and a build contractor looking after the build phase ? Each PC will then be competent to manage their own specific phase of the project?
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#4 Posted : 28 February 2006 15:42:00(UTC)
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Posted By Mal Shiels Arran Interesting question, i currently act as planning supervisor on many projects and have previously worked for a contracting organisation. Major advantage of one principal contractor are that there is a concurrent and consistent approach to the levels of management of health and safety on site. However i have worked on projects where the principal contractor has changed once, and occasionly twice. This has worked okay. What was important each time was prior knowledge of the change over and planning of the process. Regards
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#5 Posted : 28 February 2006 15:46:00(UTC)
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Posted By Kelvin Aaron, The appropriate formular is down to its success. I have however had experience of the Principal Contractor identified as not having the appropiate insurances for other duties on site. Important to consider. Kelvin
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#6 Posted : 28 February 2006 16:06:00(UTC)
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Posted By shaun cooper The problem arises when one of the contractors or even the client has more going on within the site compound than the PC. For example in 2005 I was PS on a large site near to Cambridge, and the client is a large PLC. The PC started putting up a large shed to house a new production line, however the client brought in their own people to do the M&E fit out. With mezzanine floors everywhere and over a 100 people involved in the M&E fit out the PC did not really have the knowledge and experience to police the site as PC. This meant that the building completion date was brought forward so that the client could take over the role of PC. I think that when the CDM role of the PS changes to co-ordinator, this will help matters no-end, as this will provide a facility for all the diciplines to communicate through whilst the co-ordinator can manage the site roles with far greater control and understanding of the legislation and regulations that apply to the overall site. I accept that having different PC's for different phases is not the best scenario, but sometimes it cannot be helped, and in some instances can aid in the CDM compliance. Regards, Shaun
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#7 Posted : 28 February 2006 17:06:00(UTC)
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Posted By Jerry Lucey Hi Arran, I have come across situations where there are different principle contractors working within the same phase of a project or where phases overlap. The key to sucess, and indeed to protecting the Client in this situation is very clear allocation of duties between the PCs, in particular in areas where there is an interface. In a situation such as you describe the handover between Principle Contractors needs to be very clearly understood by all involved. Again in this situation you may encounter an overlap in phases. As the equivilant of Planning Supervisor in the UK I have organised interface meetings between Principal Contractors where there is a risk of confusion and to ensure that the Client discharges their role in appointing a competent Principal Contractor.
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#8 Posted : 28 February 2006 18:54:00(UTC)
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Posted By Brett Day Horses for course, I know of several property developers that whilst very competant at house building haven't a clue when it comes to demolition or contaminated land remediation so the different PC for diferent phases works very well (especially when the phases are clearly defined), on other projects I've seen one pc throughout. I personally don't mind as long as: The PC has the required competance to manage that phase of the works, The PC hasn't been appointed to arbogate responsibilty and they are actually 'in charge', The phases start & stop are clearly defined with defined handovers of responsibilies, There is appropriate communication and co-ordination between the PC's of each phase.
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#9 Posted : 01 March 2006 11:06:00(UTC)
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Posted By Kevin Paul Clarke Yes you can, and you can also have 2 different principal contractors on the same project, as long as it is clearly defined where the boundaries of responsibility fall. I was involved in a project where the civils contractor was completing there works and still had areas of responsibility as principal contractor and there was also an engineering contractor who was a principal contractor for the fit out of the building. The 2 principal contractors were operating on the same site. A clearly defined procedure for managing contractors was in place with regards to boundaries, access etc and close liaison between principal contractors was also established. The HSE visited the project and were fully satisfied with how the project was being managed between both contractors.
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#10 Posted : 01 March 2006 11:33:00(UTC)
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Posted By Robert K Lewis I have to refer to reg 6(1) of CDM ...every client shall appoint a) a planning supervisor b) a principal contractor in respect of each project. Therefore there can never be two principal contractors on a project at ANY point in time. No matter how we try to read it or what is done. If two projects are overlapping in any way I cannot see any logic or grounds for believing that 2 PCs can be appointed rather than treat it as a single project. I think I'd rather deal with novated subcontractors and the associated problems than be trying to interface with a.n.other contractor who is beyond my control. In principle it is possible to transfer the role from one contractor to another in the life of the job but never have more than 1 PC on any project at any one time. The proposed 2007 revisions to CDM repeat the existing position on this. Bob
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#11 Posted : 01 March 2006 13:08:00(UTC)
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Posted By anon1234 I must agree with Bob on this one - you can only have one PC on a project at any point in time. If you wish to change the PC part way through the project, e.g. at change of phase, then that is ok under the legislation. I do worry when some of the so called experts on CDM can't seem to grasp this.
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#12 Posted : 01 March 2006 13:12:00(UTC)
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Posted By peter gotch Robert, Reg 6 does not say the client shall appoint one and only one principal contractor. Hence in the absence of a specific prohibition on having more than one PC this is permissible, not least since under the Interpretation Act the single equals the plural and vice versa. That it is sometimes beneficial to have different PCs for different parts of the project is implicit in Reg 6(5). Sometimes it is beneficial to have two PCs on the project simulaneously, e.g. if there workload is geographically separated. [e.g. We were involved in one £30m infrastructure project where two PCs could be working about 100 miles apart]. Obviously any interfaces need to be managed as indicated by various respondents and as required under the Management Regs. Regards, Peter
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#13 Posted : 01 March 2006 13:36:00(UTC)
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Posted By Robert K Lewis Reg 6 for me is explicit:- Appoint A principal contractor, ie singular, for each project, ie per project. It does not say Principal CONTRACTORS. Thus to have two or more on the same project at the same time is a simple breach of the regulations. I can go along with changing PC at some key phase points as discussed above but never two on a job - Who is going to be in charge/control? The M&E in the boiler rooms and throughout the building where they are working or the poor superstructure contractor trying to do his work also? The problem has arisen because far too often clients have been provided with inadequate advice concerning their role and the management of the work. Bob
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#14 Posted : 01 March 2006 13:47:00(UTC)
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Posted By Robert K Lewis Peter Reg 6(5) is concerned with ensuring the roles are always filled and does not imply that two or more can be appointed. The whole thrust of the regulation is about the singular nature of the appointments. I do not see the Interpretation Act 1978 giving a plural meaning here as the intent and common understanding of the phraseology has a plain English meaning that cannot be avoided. I have to agree with large geographical separation one might well define two interconnected, remotely, workplaces as a single project but I would often argue these as two projects and thus could have two PCs. My time in telecoms however taught me that a single PC is best and let him manage the works throughout. The uniformity of management and control is far easier for the client ultimately. Bob
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#15 Posted : 01 March 2006 13:48:00(UTC)
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Posted By Kevin Paul Clarke I think we could spend all day crossing the 't' and doting the 'i'. The questions asked is can you have different PC's for a different phase of the project. In my case it was proved you can and was accepted by the HSE who came onto site to see how it was being managed, there were 2 PC's one civil and one M & E and they accepted our systems for compliance with CDM, to the affect we were managing all contractors on site.
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#16 Posted : 02 March 2006 09:12:00(UTC)
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Posted By Robert K Lewis Kevin I rather think that the HSE were effectively regarding your company as the PC. The last phrase of your posting says it all - we were managing all contractors on site. You had control and exerted it not the individual subcontractors/contractors. I presume these people held a contract with yourself and as you are a contractor they are your subcontractors. The alternative is to question why the HSE were weak in their stance over this. I have spent more than 10 years discussing this with the HSE and I have yet to find the approach you state. Bob
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