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Posted By alan bradley
One of my smaller clents carries out repairs on a contract schedule of rates basis for household insurers. Most of the work is fire damage, blocked drains etc. Some of the time the work is quite extensive and exceeds the CDM timing for small works. However, at no time do the insurers ask for Method Statements or Risk Assessments. The work is funnelled through a management company which specifies the work, checks it and then pays my client. On my advice he has a series of Method statements and Risk assessments that his staff are aware of but who I wonder is the client for the purposes of CDM? Anyone else had a similar experience?
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Posted By Mal Shiels
Alan
At first glance when reading through your question it would seem sensible that the management organisation would be classed as the 'clients agent' and would assume the clients duties under CDM.
However this arrangement of appointing a clients agent needs to be in writing for it to actually come into effect under CDM.
In terms of CDM and identification of who the client is you should ask:
1. Who is procuring the work, who is at the head of the chain?
2. Who arranges any design work?
3. Who engages the contractor?
So unless the insurers have appointed, in writing, the management organisation, then the client here is the insurer, as they are at the head of the procurement chain.
Hope this helps Alan, it may still prove difficult to pinpoint the client here as some will argue that the management organisation is the answer to points 2 and 3 above, however in my opinion as you can answer that the insurers is the answer to point 1 then they are the client.
Regards
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Posted By Ron Hunter
The pragmatic response would probably suggest that the work is being undertaken for a domestic client and CDM therefore doesn't apply. Many insurers are perfectly happy with the Policy Holder organising all the work themselves. In your case, the building contractor is being instructed via an agent (the Insurance Company).In either case, it is the Insurer who pays for the work.
There is unlikely to be a Designer involvement, no real need for a pre-tender Plan (your Risk Assessments and SSOW should have all the bases covered, including the possibility of asbestos disturbance), no need for a Planning Supervisor, and no requirement for a Health & Safety File - in other words, no value (in terms of increased safety) in seeking to apply CDM to the Project.
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Posted By alan bradley
Thanks to Mal and Ron those were helpful comments
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