Has there been any clarification on H&S Legislation in defining who is or the Client on PFI funded Project? We are currently assessing PFI bidders for a Multi-School Contract for renewing secondary schools. Is the local authority the client once the contracts have been awarded?
The question above was originally posed via our Ask A Guru feature and this response from 2006 was by either Dave Carr or Michael Stokes.
Guidance on PFI projects is provided in HSG 224, Managing Health and Safety in Construction, CDM ACoP and Guidance, in paragraphs 68 – 72 inclusive.
The HSE admit that the determination of who is the client on this form of procurement can be difficult, but go on to set out the principles, which are summarised as follows:
The project originator would be client until another organisation takes on the role. For PFI procurement this would be at award of contract, subject to a clear and unambiguous transfer of the duties and responsibilities to the PFI project team.
However this is organised and whoever is to perform the client's duties, role and responsibilities, it must be clear to all persons involved in the project who is doing what. Another option would be to appoint PFI project team as the client's agent under CDM.
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