My small extension and cdm regs

[Dopeydaz]

Hi all, just wondering how to play this one out.

My architect is a family friend and has done me a favour by doing cheap plans for an extension.

However he is now stating that due to updated cdm regs the onus is on him for all trades to work safely?

Surely if I employ a trade it is their responsibility to complete the job safely and I cannot be sued for them doing something and getting themselves hurt?

 

[Nakajo]

Surely the judge will see things from your point of view when the builder's orphaned children are giving their testimony in the witness box.

Unfortunately, since October of last year, and for the time being at least, your architect is right. Your project requires a principal designer and a principal contractor. In the event that you cannot identify who those individuals are, then those individuals are... you.

 

[freddiemercurystwin]

The reality is most domestic extensions have just carried on regardless, you have a duty of care to your employees but if you employ a single contractor that responsibility falls on his shoulders. But your architect is being a bit anal. Out of interest has he done these drawings under the umbrella of his practice?

 

[Dopeydaz]

He hasn't got a practice. He's retired. Done the designs and a structural engineer designed the kit, drawings are now with building control for a building warrant

 

[tony1851]

he is now stating that due to updated cdm regs the onus is on him for all trades to work safely?

It's not quite like that; the onus is on the designer to provide a design which can be built and maintained safely, which is a different thing. In some ways,
this liability could be open-ended. For example, if a part of a building is difficult to maintain safely and as a result of this an accident occurs,
it's possible the designer could be found at fault, even years into the future.

 

[CambridgeBrummie]

CDM 2015 gives protection to Domestic Clients (as they are not experts). The HSE guidance for Domestic Clients is quite clear on these arrangements. If the Domestic Client fails to appoint anyone, then the Contractor in control of the Works will be the Principal Contractor AND will also take on the Client Duties. The Designer in control of the design will become the Principal Designer, by default.

 

[Nakajo]

CambridgeBrummie On small jobs, it's not always obvious who the main contractor (or main designer) is - which is why it's important that one is formally identified

 

[^woody^]

CDM 2015 gives protection to Domestic Clients (as they are not experts). The HSE guidance for Domestic Clients is quite clear on these arrangements. If the Domestic Client fails to appoint anyone, then the Contractor in control of the Works will be the Principal Contractor AND will also take on the Client Duties. The Designer in control of the design will become the Principal Designer, by default.

How does that work when there are six different trades/contractors some just there for a day or two, and perhaps some of these are relatives helping out for no reward? None of which are actually competant in anything other than their own specific little task.

 

[Nakajo]

Yes. It's a mess. No doubt it will be replaced with something else soon.

 

[chappers]

Yeah it's a joke and pretty much un workable for a small contractor, which is why most are just ignoring it. I'm not even sure that HSE hold much faith in it as a workable piece of legislation, hence the lack of promotion. Even on most medium sized sites where there is no permanent CMD coordinator. The coordinators know it's just a paper exercise and has no bearing on actual site practice.
The odd small contractor will get caught out when someone chops their hand off on site, but it will do nothing to improve site safety in these circumstances

 

[Nakajo]

chappers Assuming you mean CDM coordinator, what's one of those? Do try to keep up!

 

[chappers]

Sorry a bit old school and behind the times

 

[noseall]

Wot does CDM mean.

FFS, whatever next! There are too many bulls hitting freeloaders in the trade as it is.

 

[Dopeydaz]

Thanks guys, I'll tread carefully but tell the guy to let tradesmen do their job!!

 

[CambridgeBrummie]

There is no CDM Coordinator under the 2015 revision. It no longer exists! That was the whole point of changing the regulations and the justification by the Government's Impact Assessment on changing the regulations. I'll admit the IA is a bit of a laugh to read in places but that is what we have ended up with. So just to reiterate the CDM Coordinator no longer exists and their duties have been incorporated into the duties of the Principal Designer.