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Client Principal Contractor dispute, prevent unauthorised access?
Rank: New forum user 
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Good evening, I have an issue on site that I have yet to face. I was hoping for some guidance and opinions as I don’t think this is solely a H&S issue rather than a legal issue.
The client has refused to pay the PC, the PC (my employer) has temporary closed the site. The client wants access to the site but the PC has stated that under CDM, they can only have escorted access around the site with the site manager.
Does anyone have any experience in a similar matter?
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Rank: Super forum user 
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Does your employer legally own the land?
CDM is merely a control system around an activity which if the client has suspended construction then the PC has effectivley been dismissed. Your employers comment is only valid for an active site under their direct control WITH the clients consent.
Avoid getting involved with what is a civil dispute over money.
H&S law is not the sledge hammer your employer hopes for to bring forth the clients payment.
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Rank: Super forum user
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Does your employer legally own the land?
CDM is merely a control system around an activity which if the client has suspended construction then the PC has effectivley been dismissed. Your employers comment is only valid for an active site under their direct control WITH the clients consent.
Avoid getting involved with what is a civil dispute over money.
H&S law is not the sledge hammer your employer hopes for to bring forth the clients payment.
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Rank: New forum user
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Hi Roundtuit, thank you for your response.
My employer does not own the land and it is a Domestic Client.
I believe the client hasn’t stopped construction; the principal contractor has stopped construction until payment issues are resolved. I will be advising that the Principal contractor does not restrict access to the client, but does give them an induction and escorts them round the site as a visitor as per the site procedures.
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Rank: Forum user
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Originally Posted by: Roundtuit  Does your employer legally own the land?
CDM is merely a control system around an activity which if the client has suspended construction then the PC has effectivley been dismissed. Your employers comment is only valid for an active site under their direct control WITH the clients consent.
Avoid getting involved with what is a civil dispute over money.
H&S law is not the sledge hammer your employer hopes for to bring forth the clients payment.
it may be worth checking the contract also... employers / clients like to sneak stuff in buried within documents
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Rank: Super forum user
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You have to refer to the building contract, assuming there is one. The Client is in breach of the contract by not paying and most standard contracts give possession of the site to the PC for the duration of the contract, assuming it is a new build. They effectively own the site for that period and can stop anyone entering. However there is normally a clause to allow the client to inspect the works but as the PC controls the site and has CDM duties they can insist on an escorted visit. Within most contract there is a procedure to demise the PC, and they are not dismissed by non payment.
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Client Principal Contractor dispute, prevent unauthorised access?
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