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 CDM Principal Contractor

Created 10 Jan 2019, 14:33 by Nick Gale in the CDM forum.

I wonder if someone could help me, Iam trying to establish if Iam still the principal contractor after hand over...

scenario - Iam a principal contractor on a project and the project was completed and handover in june but in September I need to send a new subcontractor back to carry works- am I still the principal contractor?

#1196 Shirley posted on 10 January 2019, 15:47

Hello Nick. The answer is a complex one as you have not provided us with much to go on. However, the first thing to establish is; is the work ‘snagging’ work or is it under ‘defect liability’? Snagging is part of the original project, but defect liability is not.
The other issue is who is in control of the work area? Will the work be in an area that is controlled by the contractor or is it controlled by the client? If the work area is controlled by the contractor, then the original principal contractor can still be the principal contractor for the work, or the sub-contractor could be appointed as the principal contractor for this work, with their own construction phase plan.
If the work area is controlled by the client, they should appoint themselves as the principal contractor and develop their own construction phase plan.
Sorry for the complexity of this answer, but that is the problem of contractual commitments sometimes being still causing work after the completion of a project handover.
Hope this helps you.

#1197 Nick Gale posted on 11 January 2019, 08:27

Shirley thank you for your response that's been very useful,

Just to give you some further back ground, so as above we handed a project over in June and received out contract completion certificate. We had an issue with a landscaper who failed to put right defective their works caused us to employee another contractor 3 months later to rectify there works. My question is are we still the principle contractor during the rectification works? I believe that our duties as PC ended at when we received completion and the subcontractor would become PC.

#1198 Shirley posted on 14 January 2019, 08:11

Hello Nick

Based on my original answer then, this would technically fall under defect work. However you say ' this caused you to employ another contractor 3 months later'. Did you actually employ/appoint or did the Client? If it was you/your organisation then you are taking responsibility. However, if a new agreement was struck up between the Client and the new contractor then the new contractor and client are responsible for the works.

#1199 Nick Gale posted on 14 January 2019, 09:56

Hi Shirley We placed the order for the remedial works, so I understand we are responsible but does that make us the principle contractor or would the subcontractor be as its a stand alone job and they would be self supervising.

Thanks for your help

#1200 Shirley posted on 14 January 2019, 10:14

Hello Nick

As the job is standalone we believe it would be treated as a new job so yes they are the PC for this job. However, as you placed the order (and are paying them) for the work then you are effectively have duties as a client for the works. There can be more than one Client on a job. In this case the work is being done on a clients property and you are providing payment so you have joint responsibility.

#1201 David Brede posted on 20 January 2019, 16:00

Think this goes to show how responsibilities get moved from one organisation to another even if it has not been said in so many words.

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