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CDM - Principal Designer Appointment

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SafetyGuy
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CDM - Principal Designer Appointment

Post by SafetyGuy »

Hi all,

I have a question with regards to the formal appointment of the Principal Designer. It is my understanding that the appointment of both the PC and PD must be undertaken formally by the Client, otherwise they assume them responsibilities by default.

The query I have is, must it always be the Client who makes that appointment or can they appoint an agent to do this on their behalf (e.g. the PC)?

The scenario that I'm referring to is, there is a Client who has then appointed a Principal Contractor to act as PC under a Design and Build Contract, then there is the Architect who has been appointed PD by the PC, then at Architect has then sub-contracted the role to another company to provide the PD role.

My concern is that within the CDM 2015 Regulations, should it not be the Client appointing the Architect as PD, or is it within the scope of the regulations that the Client can appoint the Principal Contractor as Principal Designer, who can then sub-contract that duty to another third party?

I'm being told that this is normal practice but it seems to be very messy in my opinion. I would of thought that it was only the Client who can make them appointments when you look at the duties table.

I've read the HSE guidance and it's not quite clear, unless I'm missing something.



Thanks


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Re: CDM - Principal Designer Appointment

Post by WillPool »

Yes quite messy indeed.

If the Client has appointed the PC and the PD and then they sub-contract, then the PD is appointing a Designer (not a PD), in my opinion.

Maybe others will have other points of view.

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Re: CDM - Principal Designer Appointment

Post by SafetyGuy »

WillPool wrote: Tue Feb 13, 2024 9:25 am Yes quite messy indeed.

If the Client has appointed the PC and the PD and then they sub-contract, then the PD is appointing a Designer (not a PD), in my opinion.

Maybe others will have other points of view.

Will .salut
Yes, this is my thinking too, there cannot be two PD appointments. But I'm just a little unsure how this works on a Design and Build Contract.


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Re: CDM - Principal Designer Appointment

Post by WillPool »

Even for a design and build, the PC does not always have the in-house abilities to do the design, so in this case, they sub-contract the design element out.

The PC may or may not still keep the title of PD, they may sub this out with the design work, and the contract between the two should be clear.

Sometimes the PC keeps the role of the PD as he has more knowledge regarding regulations to advise the client and only sub the design out.

Hope this is a little clearer for you.

Will .salut
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