Rank: Forum user 
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Has anyone got any experience of this.
I am looking at a scenario where an organisation has developed a product that will be installed and looked after by others.
I guess I am thinking about parallels of how KFC or MacDonalds do things or indeed petrol filling stations where the ambience and brand are all important and are defined by the franchisor.
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Rank: Super forum user 
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What do you consider to be the issues relevant to CDM in your context?
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Rank: Forum user
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What I am thinking about are the roles. Is the franchisor the client or does it go down to franchisee?
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Rank: Super forum user
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The person operating the franchise is usually doing just that - operating the Filling Station or whatever. It wouldn't be him that commissioned the construction project.
A simple way to approach this is to ask who made the CDM Project appointments (Designers, PC and CDM-C where appropriate). That person would be the Client.
Not sure about these '-or' and '-ee' terms, so I'll avoid using them!
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Rank: Forum user
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Hi Ron,
That is the conclusion that I have come to but I had thought of a counter argument that the Franchisor having dictated all the plays i.e. what it looks like, ,decor and other design bits, documentation etc would have been the client and then do the appointments of CDM C etc.
So when the franchisee came along and wanted to take up the franchise and say build and operate a food outlet then they had to take the role of Principal Contractor?
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Rank: Super forum user
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Not entirely sure where you're going with this.
A Principal Contractor has to be appointed by a Client. Client has to make competent appointment.
I don't follow how someone who intends to operate a franchise could usually be considered to have such competency. Not unusual of course for the franchise operator to be on site setting up the operational side of the business when the snagging and final bits of construction phase are still live. In such a situation, the franchise operator would be under the 'control' of the PC.
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Rank: Forum user
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Hi,
My understanding is that under the Regs if there is doubt as to who is the client then the following needs to be considered: who decides what is constructed, where, when and by whom; who commissions the design and construction work; who initiates the work; who is at the head of the procurement chain and who engages contractors. If its still uncertain then all possible clients need to appoint one of them if they don't then there is the risk that all will be considered to carry the client's duties.
Regards
Steve
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Rank: Forum user
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Thanks for all of this. It could be construed either way. The franchisee is wanting the work done but the design is done by the franchisor
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Rank: Super forum user
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Have a look at the date and time this thread was posted!
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