Note: I don't disagree with what Peter has said, I'm just jumping back to pick up a few specific questions
Originally Posted by: DavidHughN
There is a complicating factor. As well as the brickwork repairs, we have been advised that the remaining four steel rings have to be removed as a matter of urgency. This again rules out using a cherry picker for repairs.
Yes, I can see that if you're taking down rings you'll want a scaffold. If you're planning to use the same scaffold for initial inspection and eventual works, it will need to be specified as strong enough for the materials (bricks, steel rings) that might be on it. Tube and fitting scaffold is not my thing, so I don't know how different it would be, but it potentially needs to be a higher load capacity than just access.
Quote:
So, as well as for inspection purposes, the contactor would then be using the scaffolding, which we have hired, and are responsible for(?), to carry out the repair work. Would we then by default become the main contractor and so be responsible for setting up the site in accordance with H&S regulations, providing facilities etc., obtaining additional insurance and being liable in the first instance for any third-party claims?
More or less, yes. You (corporately - the body having the work done, which is the Client ) won't become the main contractor, but if the Client (you) haven't appointed a Principal Contractor (one of the CDM duty holders) in writing the Client (you) attracts all the CDM duties that would have fallen on the Principal Contractor. So you don't become the contractor, but you become legally obligated to do everything the Principal Contractor (probably the main contractor) would have been obligated to do. Yes, that includes being in control of the site so ensuring adequate welfare facilities etc. It also means making sure the site is kept secure - if kids climb the scaffold and fall off you'll need to demonstrate you took reasonable measures to prevent that. A real contractor knows this stuff, but it will be a steep learning curve for someone that isn't.
Quote: We have already received advice from a local structural engineer regarding the condition of the chimney. As you recommend, we should therefore accept his offer to be the project manager. Would this get us round the H&S CDM 2915 strictures that an inexperienced client should not be the contractor?
You'll still need to appoint a Principal Contractor, and the problem I foresee is that that the scaffolding contractor won't accept that appointment (and rightly so - teh scaffold contractor won't be there most of the time - depending what you appoint them to do at most they'll come once a week to do an inspection and make sure the scaffiold is still fit for purpose).
Your structural engineer (if you appointed them) almost certainly won't have insurances to let them be any of the contractor roles.
Your Steeplejacks are the only other option, and they won't like it and may be unfamiliar with it - they might normally be further down the management chain (ie reporting to a main contractor Principal Contractor). If anyone can persuade them to take the role, it will be the structural engineer.
I also highlight that although you're focussed on contractor issues, you'll also need a Principal Designer. They have some CDM duties too, and in the same way, if you don't appoint one in writing the duties fall on the Client. The structural engineer should be able to help with this (either doing it, or persuading the steeplejacks to be it).
I would suggest yes, get your structural engineer to be project manager, and make sure the appointment says they will advise on how you teh Client discharge the duties under the CDM regs.
I note that Peter highlights making sure your structural engineer is competent - yes you need to do that, and it's a little out of the ordinary, but there are plenty of structural engineers that are familiar with older brickwork and know enough about scaffold - yours is not a really really esoteric rare situation.