Posted By stephen d clarke Hi, My understanding (awaits to be shot down) is that it is the responsibility of the principal contractor to ensure all on site are competent including client appointed subcontractors. If the PC has concerns they should liaise with that subcontractor to see where changes/improvements/competence levels can be addressed and if they cannot then the PC is within there rights to refuse them on site. If the client appoints contractors to work directly for the client then the PC still must set the site rules that the contractor should comply with. Steve

Posted By Ciaran McAleenan The following protocol was developed for use in the road construction industry in NI. The scenario it addresses is similar to that which you have described. In your case you can delete or substitute references to utility companies (unless that is what is happening here). Feel free to use any aspect of the protocol if it helps. Best wishes Ciaran RELATIONSHIPS PROTOCOL The Construction Design and Management Regulations require co-operation and co-ordination between all parties involved in the design and delivery of construction work. Compliance with this best practice Guidance Note will promote effective co-ordination and co-operation between Clients, Principal Contractors, Contractors, Utility Companies and their Sub-Contractors. The objective of all the interested parties is to ensure the health, safety and welfare of road workers and road users. The following actions are necessary to further this aim and to establish and maintain a good working relationship between all parties. Action 1 Advance notification of proposed utility works, that are to be done by any utility and/or their contractor during the Project, is to be provided to the Principal Contractor before work commences. Liaison arrangements for these works are to be agreed at this stage. Responsibility: Client and Utility Company Action 2 The Principal Contractor is to be provided with a list detailing any nominated utility sub-contractors, seeking access to the site. The listing is to include; nature and scope of work, contact names, telephone numbers and level(s) of responsibility. Responsibility: Client and Utility Company Action 3 The utility company is to provide relevant risk assessments, method statements and the name of their safety advisor to the Principal Contractor before work can commence. Responsibility: Utility Company and Principal Contractor Action 4 The utility company and/or their sub-contractors are to discuss and agree with the Principal Contractor any necessary accommodation works to facilitate storage of their plant and materials on site. Responsibility: Utility Company and Principal Contractor Action 5 The Principal Contractor is to facilitate briefing meeting(s) with all interested parties, if necessary, in order that relevant information and program of works can be communicated and agreed prior to work starting on site. Responsibility: Principal Contractor Action 6 Any changes to works, details of delays or extensions to the utility works, which may affect the overall program, is to be notified to the Principal Contractor at the earliest opportunity. Responsibility: Utility Company and Client The sharing of information, clarity and co-operation will ensure that all parties involved are aware of their responsibilities. Adherence to the above procedures will enhance relationships and facilitate the safe and efficient carrying out of work.

Posted By Ron Hunter And for the duration of the construction phase, the site will be given over to the Principal Contractor - yadda yadda,CDM, etc. - all well and good within a nice Heras fenced compound. Doesn't really work though where there is a significant overlap between the Project and the ongoing business of the Client's undertaking in the same premises. The good old Management Regs have the answer though: ALL employers have a duty to ensure mutual co-operation and co-ordination. In the event things were to go pear-shaped, no doubt the Client would bear the brunt where he had commissioned both contractors and insisted on concurrent working?

Posted By Peter Spence The Client can appoint any number of contractors directly (in theory) but must appoint one as PC. The Client is responsible for ensuring that all contractors he appoints are competent (with the help of the CDMC if necessary). You as PC must prepare the Construction Phase Plan and issue it (or the relevant bits) to all contractors who in turn must comply with it and the Site Rules. You are responsible for ensuring that the work is co-ordinated such that the work of one contractor does not endanger the others. This means that you must review all contractors' RAs and MSs. Because there is no contractual relationship between you and client-appointed contractors (CACs), you are empowered by CDM 22(e) to give reasonable directions to any contractor; and they are required under 19(c) to comply. You do not have direct responsibility for the competence of CACs (as you do for your own subcontractors). If you have any concerns, about CACs which are not addressed by them following your direction, you must raise it with the Client / CDMC. The client should advise you of all the contractors he intends to appoint prior to your appointment as PC so that you can allow sufficient resources / time for management of them in your offer (if not variation?). All key contractors should be listed on the F10. The client should also give you amply warning if he is intending to appoint other contractors after commencement of the project (out of common courtesy, if not under 9(1)(a)), so you can plan the works properly.