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#41 Posted : 20 February 2009 16:39:00(UTC)
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Posted By Steve Cartwright
Mark

If it is not in the contract then don't pay. Give PC copies of your MS's & RA's.
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#42 Posted : 24 February 2009 12:32:00(UTC)
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Posted By Lwood
How about making them think twice, the issue is that by insisting on following their RA’s and MS they are in effect taking control; now here’s the bits that may make them think again:

• Under CDM you can ask them to prove competence, if they are supplying those documents ask them to prove they are competent to say how your trades must be carried out.
• Ask them if they have insurance that specifically allows them to take responsibility under s2 (not that I agree with some of the former comments but it may make them think).
• Also under their insurance, you could ask for a letter from the insurers that specifically allows them to provide this form of professional indemnity.
Now I know that all of these are relatively weak and I am sure many of my fellow H&S travellers will say its pushing it. However, if they stop and think about it, they may feel that £100 is not enough to shoulder the burden if it all goes wrong.
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#43 Posted : 26 February 2009 14:34:00(UTC)
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Posted By Mark H
Thank you all to those who posted on this topic - very helpful.

After much gnashing of teeth the PC has agreed to drop the charge for the packs and has settled on imposing a charge only if the packs are not returned on completion of contract or need to be replaced if lost / damaged.
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#44 Posted : 26 February 2009 14:39:00(UTC)
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Posted By Phil Rose
Mark

a bit of a result for common sense hey?

Re the post immediately above, you cannot insure or indemnify yourself against statutory duties - can you?

Phil
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#45 Posted : 26 February 2009 16:17:00(UTC)
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Posted By Lwood
True you can't insure against a statutory duty, I perhaps did not make it clear. What I meant was, as they are 'offering a service' i.e. selling RA's etc. then they need to have professional indemnity insurance to cover the service they are offering.
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