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#1 Posted : 23 October 2007 12:05:00(UTC)
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Posted By GW
Hi All

Just a quickie if anyone can help.

It is my belief that if a sub-contractor, sub-contracting to the PC, without any design responsibility, installs anything as per the agreed design then it is the fault of the designer and not the sub-contractor should there be issues regarding maintenance of the equipment later. I'm talking about a building completed before the new CDM Regs came into being.

The old reg 13 stated that designers must ensure that their designs consider the hazards and risks to workers during the construction and consequent maintenance of the structure, and where possible design the work in such a way as to avoid or at least minimise these risks.

I cant see how the sub-contractor can be at fault if he has installed what has been asked of him. Am I wrong?

Any comments much appreciated.
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#2 Posted : 23 October 2007 13:56:00(UTC)
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Posted By Michael Battman
If the contractual situation is as you have described it and it was built exactly to the drawings and specification; then yes, the designer is responsible for any issues that arise later.
Not just H&S issues I might add.
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#3 Posted : 23 October 2007 14:05:00(UTC)
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Posted By GW
Thanks Michael, thats how I have always read it, I dont get involved too much in the intricacies of CDM and contracts so your comments are much appreciated. Gary
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#4 Posted : 23 October 2007 15:54:00(UTC)
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Posted By Ali
I agree to some extent assuming the sub contractor has used the exact materials and installation methods specified in the design. Sometimes this may not be the case.
Ali
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#5 Posted : 23 October 2007 16:23:00(UTC)
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Posted By Tabs
The situation would be muddied if the sub-contractor installed in contravention of the equipment's installation instructions.

This would be especially true in the case of a gas appliance, as his/her CORGI obligations would specifically overrule the designer's instructions.
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