Rank: Guest 
|
Posted By Mike Shorland
We carried out some work on a construction project for a main contractor (MC)a while back. The site was handed over and the tenants (social housing block of flats) have moved in. Since then a few snags to communal areas have been flagged up which require us to return. The MC has simpy tried to hand all the responsibility for welfare, protection, access, etc to us.
Under CDM Reg 22 the PC has to provide adequate welfare throughout the construction phase. Also as part the job they were responsible for maintaining access and sorting out protection (ie: liasing between contractors).
Would these snags be part of the "construction phase". The MC makes his money by organising the S/C. Can he hand over all the H+S issues and walk away?
Regards
Mike
|
|
|
|
|
|
Rank: Guest
|
Posted By FAH
Not ignoring you Mike - just having a good think about the underlying issues.
However, could you answer this please?
Who actually exercises control over the site AND the work going on during the "snagging" phase in this particular project?
Frank Hallett
|
|
|
|
|
|
Rank: Guest
|
Posted By Mike Shorland
Overall control would be the MC.
I believe this to be the case because we are employed by him - we are not working for the end clent direct. He has programed the dates, he has reviewed our MS/RA. Any issues become referred to him. He is providing the scaffold for other contractors on site doing similar works.
|
|
|
|
|
|
Rank: Guest
|
Posted By CFT
I would have had the same question to ask as Frank did; is this a larger site under an overall notifiable project - or simply a one-off and practical completion has been achieved?
CFT
|
|
|
|
|
|
Rank: Guest
|
Posted By Neil R
The key words in your post are that the site has been handed over, once the client has signed and accepted then the PC has no control over the site anymore, if issues arise then the PC or a sub-contractor can/ will return to fix these but the client is responsible for the site. The provisions of welfare etc are dependant on the length of time the works will be ongoing.
The issues you need to consider are. how long are the works going to take? are these works likely to become CDM notifiable in their own right? what type of provisions are required?
|
|
|
|
|
|
Rank: Guest
|
Posted By Robert K Lewis
Mike
You will need to go back to the terms of your original subcontract with the MC. Regardless of CDM he is contractually liable for the performance of snagging work and then has to bring his staff, albeit subcontractors, back to complete snagging work. The form of subcontract will define the terms. If it does not do so then the MC is fully responsible under contract law. Remeber you have NO LEGAL contractual relationship with the Client and so cannot organise this work.
Bob
|
|
|
|
|
|
Rank: Guest
|
Posted By Crim
All construction work comes under CDM but not all construction work is notifiable. I suggest that snagging would not be notifiable as the project has reached the end and has been handed over, H&S File etc. therefore no principal contractor.
If, however the snagging qualifies to be notified the client then will appoint a PC etc. etc. etc.
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.