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#1 Posted : 08 June 2021 07:20:45(UTC)
Rank: New forum user

We have a client who has awarded a contract to a prime sponsor. This prime sponsor is then going to appoint my company as the PC and PD. Is that allowed? I know the duty is for the client to appoint the duty holders but can they arrange for a company to almost project manage the CDM project or do the appointments still have to come from the client? It's also worth noting that we will get paid through the prime sponsor not the client direct. Thanks in advance.
Ian Bell2  
#2 Posted : 08 June 2021 09:38:44(UTC)
Rank: Super forum user
Ian Bell2

CDM allows you to do nearly anything you want, so long as the project makes the necessary statutory appointments/identify the various classes of people -  Client, Principal Contractor, Principal Designer, Designers, Contractors. Appointed in writing where required.

CDM Regs are really just a generic design and management sytem, that you can tailor to meet you requitements.

I would suggest that you write a CDM management document for you project - identifying the above people, their roles and duties. Also identify how safety related docuements will be managed (document control / numbering), how design changes will be handled and monitored. How safety issues will be tackled and also passed through to the Principal Designer for inclusion in the health and safety file.

CDM is not concerned with settling/identifying purely commercial disputes i.e. who pays for what, etc

Have a read of the HSE guidance to the CDM Regs. 

peter gotch  
#3 Posted : 08 June 2021 12:42:29(UTC)
Rank: Super forum user
peter gotch

Further to what Ian has already said, it might be that the "prime sponsor" falls within the definition of "client" within CDM. It is not uncommon for there to be multiple clients, some who pay and some who may not pay for whatever work is to be done.

Note that the Interpretation Act 1978 says that unless the contrary is obvious any term in the singular can include the plural.

So, if CDM says "client" that doesn't preclude there being two or more parties who fall within the definition.

#4 Posted : 09 June 2021 11:05:08(UTC)
Rank: Super forum user

I work for a shopfitting contractor and do their H&S CDM documents.

I hardle ever have contact with Clients as they farm out their dutied to companies they appoint as Principal Designer.

IMHO and experience this works very well as Clients can be unaware of their responsibilities under CDM.

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