Rank: Forum user 
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All,
I am rusty on some of the points when it comes to CDM and am due to take the CITB SMSTS course again in October.
I have some questions if that's OK?
So I work for an FM company on a new contract and we are classed as the "Managing Agent" and are classed as a Contractor on the account.
There are some Hard Services projects that need to be carried out. First question, can the Client delegate their responsibility to appoint a Principal Designer to us?
We do not carry out any "construction" type works at all and the Client has a main Contractor on site who most works are carried out by and they where required sub contract out works if they can not complete it themselves. My company are not competent to be appointed as the Principal Contractor in my eyes as we cant complete the CPP for a start however it is being discussed that we will be apppointed as the PC by the client for the whole contract. Second question, is this possible? I believe that the main Contractor are always going to be the PC as they plan, manage, coordinate any construction type projects etc. and complete CPP's where required.
I am worried that we are being asked to take on roles that we aren't competent to undertake and would welcome some clear advice. I've read the regulations but can't find our scenario and how it fits in.
If I've missed anything out then please ask so that hopefully I can get some clear guidance.
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Rank: Super forum user 
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Originally Posted by: harley1  First question, can the Client delegate their responsibility to appoint a Principal Designer to us?
No. The PD must be appointed by the ultimate client in writing (reg 5(1)). If they don't do that, the client attracts all the duties that would otherwise fall on the PD (reg 5(3)).
Quote:
My company are not competent to be appointed as the Principal Contractor in my eyes as we cant complete the CPP for a start however it is being discussed that we will be apppointed as the PC by the client for the whole contract.
Then you cannot accept the appointment. All the parties need to have the skills, knowledge and experience, and the organisational capability necessary to fulfil the role that they are appointed to undertake (regs 8(1) and 8(2)). If the appointees clearly don't have the capability etc. the client will also have failed in their duty (reg 8(3))
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Rank: Forum user
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Thanks for your response, I believed this to be the case but I just wanted to check that my understanding of the regulations is correct.
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Rank: Super forum user 
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Harley I think you need to consider a rather wider Q (which probably won't directly help you pass your CITB qualification). What does your FM actually do under this Contract with the ultimate Client? Could have lots of implications under CDM including possibly bringing your company into the definition of "client", and potentially bringing the work that you do or let out into the very broad definition of "construction work", particularly if you then consider the case law that is relevant e.g. Collier v Catley.
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