Good afternoon everyone,
Hope everything goes well for everyone.
I've got a situation at the company that I'm working right now and your advice would be much appreciated.
We have had appointed a health and safety consultancy for the Principal Designer Role on a number of projects and on most of them have been appointed by the client (CDM 2015, Regs 5) but they haven't performed their duties and didn't respect the contract. Could you please let me know how could we un-appoint them with breaching any laws and not involving the client?
I look forward to hearing from you soon.
Appointment of Principal Designer
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Appointment of Principal Designer
Last edited by justinsanero on Tue Sep 12, 2017 5:09 pm, edited 1 time in total.
Re: Appointment of Principal Designer
Like most things, it depends what you mean...
If they are not performing as designers, in accordance with their contract, then the Contract Administrator needs to address this
If they are carrying out their design role ok, but not properly undertaking the Principal Designer role under CDM, then these duties, under the regulations, default back to the Client. So the client needs to either accept this or appoint someone else.
No-one else can appoint or unappoint - it is the client's duty under CDM to appoint the Principal Designer and to ensure that they are carrying out their duties.
If they are not performing as designers, in accordance with their contract, then the Contract Administrator needs to address this
If they are carrying out their design role ok, but not properly undertaking the Principal Designer role under CDM, then these duties, under the regulations, default back to the Client. So the client needs to either accept this or appoint someone else.
No-one else can appoint or unappoint - it is the client's duty under CDM to appoint the Principal Designer and to ensure that they are carrying out their duties.