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Mark-W  
#1 Posted : 02 February 2024 10:59:06(UTC)
Rank: Super forum user
Mark-W

I have a client who is a Facilities Management company. They manage several site across the SW.

They have a newish client who have a cylinder fed gas system, it is over 0.5 bar so falls under the Gas regs. 

My client has, as part of their contract the duty to kep the cylinders full, so they monitor and replace the cylinders as needed but the client orders them.

There is now a discussion about who owns the rest of the system. I get that we have to produce the Risk Assessment for the cylinder change over but who writes the SoP about how the system is maintained, inspected etc etc.

I can write it but it comes down to who pays my invoice for this service, my client who has the facilities contract or their client who owns and runs the site?

Holliday42333  
#2 Posted : 02 February 2024 13:41:00(UTC)
Rank: Super forum user
Holliday42333

As with a few other questions of late, this appears to me to be a contractural question rather than H&S.

I would have thought if the facilities complany has a contract to maintain the fabric and services of the building then the maintenance of the gas system is theirs,  If not its the client.

It all does depend on the explicit wording of the contract (and if anyone has actually read it).

Mark-W  
#3 Posted : 02 February 2024 13:48:59(UTC)
Rank: Super forum user
Mark-W

Many thanks for response, thats the rub. The wording of the contract is a bit vague, nothing specifically stated.

My point was, if the system belongs to owner of building they write the SoP and we as FM company abide by it, or as the FM company do we write our own SoP, and if we ever lose the contract walk away with the SoP as it would be our company procedure not the owners?

Roundtuit  
#4 Posted : 02 February 2024 16:16:54(UTC)
Rank: Super forum user
Roundtuit

For changing the gas cylinders this would be solely down to your clients contractual obligation.

As to the "rest" of the system this is one of those areas where co-operation is essential in fact given there are two sets of employers and two sets of employees it would be critical both parties document a common system to be followed by anybody working at site.

Last thing the tennant wants is their business having any form of gas disruption whilst the last thing your client needs is their contractual duty frustrated by tennant actions.

Roundtuit  
#5 Posted : 02 February 2024 16:16:54(UTC)
Rank: Super forum user
Roundtuit

For changing the gas cylinders this would be solely down to your clients contractual obligation.

As to the "rest" of the system this is one of those areas where co-operation is essential in fact given there are two sets of employers and two sets of employees it would be critical both parties document a common system to be followed by anybody working at site.

Last thing the tennant wants is their business having any form of gas disruption whilst the last thing your client needs is their contractual duty frustrated by tennant actions.

peter gotch  
#6 Posted : 02 February 2024 19:43:12(UTC)
Rank: Super forum user
peter gotch

Hi Mark

If you write something, then you would presumably expect some instruction from YOUR client.

So, you send YOUR client the invoice.

Up to YOUR client to have a debate with their client if they want someone else to pay (or contribute to paying) your invoice.

Now, if you don't have a contract that covers you doing this, then both could decide not to pay.

thanks 1 user thanked peter gotch for this useful post.
Mark-W on 04/02/2024(UTC)
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