Rank: New forum user 
|
Hello all, - We are about to sign a lease on a site. The landlord is then going to carry out substantial refurbishment work.
- We will have no employees at the site but may advise as to equipment specs etc;
- Does this mean that we would assume the role of Client?
|
|
|
|
|
|
Rank: Super forum user 
|
Hi Mark
There is not enough information to answer your question. What we need to know in particular who is paying for the refurbishment?
As a general rule the client is the person who commissions and pays for a project.
|
|
|
|
|
|
Rank: New forum user
|
Thank you, so; - The landlord is carrying out a request by ourselves as part of the tenancy. He is footing the refurb costs, this may be regained by him through the rent.
- We will give advice on equipment to be installed
- We will also have say in some elements of the structure and what goes where in what parts of the building
|
|
|
|
|
|
Rank: Super forum user
|
See para 25 & 26 of the CDM Acop, L153 Who ever pays for the work is usually the Client - either way, you need to sit down with your landlord and agree. You have a persuasive argument whoshould take on the duties. In reality, if managed effectively the same information/actions should be taken regardless of CDM in terms of project manamagment.
|
|
|
|
|
|
Rank: Super forum user
|
Originally Posted by: mark.harley928@gmail.com  Thank you, so; - The landlord is carrying out a request by ourselves as part of the tenancy. He is footing the refurb costs, this may be regained by him through the rent.
- We will give advice on equipment to be installed
- We will also have say in some elements of the structure and what goes where in what parts of the building
In that case it is quite likely you will be considered a designer as per Regulation 2. Interpretation, as follows:
“designer” means any person (including a client, contractor or other person referred to in these Regulations) who in the course or furtherance of a business— (a) prepares or modifies a design; or (b) arranges for, or instructs, any person under their control to do so,
relating to a structure, or to a product or mechanical or electrical system intended for a particular structure, and a person is deemed to prepare a design where a design is prepared by a person under their control;
I suggest you take note of the advice of Ian Bell2 and discuss CDM arrangements with the Landlord.
|
|
|
|
|
|
Rank: New forum user
|
Thank you all very much, great help.
|
|
|
|
|
|
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.