Skip to main content

 Principle designer being appointed by Principle Contractor

Created 4 Aug 2015, 14:40 by Greg McKay in the CDM forum.

I am the principal designer for a client on a design and build project.
All PCIP documentation has been completed.
The tender has now been won and the principle contractor is looking for me to lead the design team to complete the design for them.
Can I remain as the Principal Designer, but now be employed directly by the Principal Contractor?
Or does Client have to appoint a new Principal Designer?

#1148 David Brede posted on 4 August 2015, 17:11

There is nothing in the legislation that would prevent you from covering all the duty holders.

The client needs to be certain that you are competent in the role but given that, you are in.

#1150 Greg McKay posted on 4 August 2015, 17:16

Cheers for the quick response.
But I had read that the Client would then have to appoint the Principal Contractor to be the PD.
Then the PC could have me fulfill this role for them.
But the Client has to appoint the PD - No mention in regs that the PC can do so.
Very confusing. All CDM related web pages just parrot fashion repeat the woolly text from the regs or CITB documents.

#1151 David Brede posted on 4 August 2015, 17:27

The client is effectively appointing design and build so the firm chosen is deemed to be competent by virtue of naming you as their design specialist.

The client guidance states

If more than one contractor will be working on your project then, as the client, you must appoint a
principal designer and a principal contractor in writing. If you do not do this then you take on these roles
and associated legal duties yourself.
One of your main duties is to ensure that those you propose to appoint are able to demonstrate that they
can deliver the project for you in a way that secures health and safety.
This means that they should:
? have the necessary capabilities and resources
? have the right blend of skills, knowledge, training and experience
? understand their roles and responsibilities when carrying out the work.

So there is a specific process. It cannot happen by default.

#1152 Greg McKay posted on 5 August 2015, 00:30

I'm not sure if my position is compromised here. It seems like a conflict of interests that has unfolded.
I am an electrical design engineer working for an M&E Building Services Consultancy.
Our company got appointed as lead consultants for a large client to provide technical design services and expertise on a number of large projects being put out as Design & Build.
I was also nominated as the CDM-C for all the client's ongoing and future projects - I transferred to the Principal designer role when the regs were updated due to my technical expertise, experience, skills, knowledge etc of the clients processes and properties.

However, our company was approached by a building contractor to carry out all the M&E detail design for a large project that I am currently the Principle Designer for on behalf of the client.
Do I have to resign from the PD role with the client on this particular project now that I am the main designer for the principal contractor?
Does the PC also take on the role of PD and simply get me to continue to carry out this role on their behalf?
(The client will not want the expense of looking for a new PC just for this project)

#1153 David Brede posted on 6 August 2015, 09:24

It would make sense for the client to make it quite clear who is doing what to whom.

This would be more for ensuring that in the event of a dispute everyone is clear as to who is doing what and attracting responsibilities.

It seems inappropriate that the client offered the work to a firm who was not competent in the design work as it relied on you working for them.

I think everyone understands informally what is intended at the moment so I would worry should their be a falling out would everyone be properly treated.

Respond to this post

Please log in to enter your response.


Return to list of posts | Return to forum list

Please note that the views or comments expressed on this forum are not necessarily those of Ai Solutions. We reserve the right to remove any defamatory, derogatory or libellous statement or words from the site.