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Posted By David Morgan
Please help. Can a Principal Contractor appoint a person within their organisation to be their CDM co-ordinator. The client for this project wants the PC to arrange the appointment of the CDMC.
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Posted By Raymond Rapp
For notifiable projects the CDMC must be appointed by the Client.
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Posted By BPF
David,
In a nut shell yes they can. There are however some issues with this method.
The CDMC is as the ACoP says 'the clients right hand man' with respect to the CDM Regs so its a bit like the game keeper being employed by the poacher.
Secondly the duty for employing an adequately resourced, competent CDMC rests with the Client, how is this client ensuring any appointments by the PC fulfills the criteria of appendix 4 & 5 of the regs and not just the cheapest fee, allowing the PC to pocket the difference between the fee and the allowed sum in the contract.
Whilst your situation is not unheard of, it is not a common one and a difficult one from my experience. As at some point the CDMC will have to disagree / question the PC, how will that sit when it comes to fee invoices!!
BPF
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Posted By BPF
David,
It appears that myself and Raymond posted at the same time, and appears on the face of it that we are saying contradictory things.
But looking deeper, we are saying the same thing.
The client is responsible for the appointment of the CDMC, but it can be someone within the PC's organisation.
My concerns still stand though.
BPF
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Posted By claret65
The Client must appoint a CDMC & PC. Like mentioned earlier, these posts can be filled by one person or one organisation. The relevant point is that the CDM duties relating to each of these appointments are met, as described in the Regulations.
Therefore in your scenario the PC could recommend a CDMC or they could undertake both positions.The Client still needs to approve these appointments.
It's important to also recognise the competency aspects of each role and necessary resources, which will be needed to sufficiently meet CDM criteria. This is particularly relevant if one organisation or individual is appointed as both CDMC & PC.
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Posted By apjw
i once worked for an organisation that was technically the client, the P.C. and the CDMc.
all three parties were different companies within a group of companies. each where ran independantly and the CDMc was activley encouraged to be inpartial. it worked quite well on a number of projects and is still working well to this day.
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Posted By David Morgan
Thanks for all the responses. One more question, if your client or potential client does not want to appoint a cdmc, pc and would like my company ( who would be the designer and possibly the pc )to arrange this, is this acceptable. Obviously for business purposes we would arrange this rather than lose the contract to one of our competitors.
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Posted By Robert K Lewis
David
Even if Uncle Tom Cobbley arranges it all, the client has still appointed the CDMC in law and is still responsible for the competency of the CDMC.
Behind your question is also the implicit idea that the CDMC is a single person. This is not necessarily the case and for most projects the CDMC will likely be an organisation. Person in the regulations is clearly stated to mean Persons also ie an organisation.
Bob
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Posted By Simon Priest
The good old Statutory / Contractual misunderstanding. Assuming Part 3 of the Regs are triggered, the Client needs to understand that the dutyholder appointments are made by him as a Statutory requirement. This cannot be delegated.
Simon
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Posted By Arran Linton - Smith
David,
For the answer of your second question, have a look at Regulation 14(4)a & b. The client is deemed to have been appointed as CDM-C and must carry out these duties.
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Posted By Safe System
Jumping in late with the comment!
My old company looked to do this, the main problem we could see was a conflict of interest...
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