Posted by Andrew Ash, Partner
On 1 September 2016 Withy King LLP merged with Royds LLP. The trading name for the merged firm is Royds Withy King. All content produced prior to this date will remain in the name of the firms pre-merger.
CDM Regulations 2015 6 Months on
The Construction (Design and Management)Regulations Regulations 2015 (’CDM Regulations 2015’) came into force on 6 April this year but transitional arrangements allowed existing CDM Co-ordinators appointed under the CDM Regulations 2007 to continue in that role temporarily. Those transitional arrangements came to an end on 6 October 2015.
Going forward property and construction documents should reference the CDM Regulations 2015.
The role of CDM co-ordinator no longer exists and instead there is a new role of ‘Principal Designer’. For the client, however, it is not as straight forward as replacing the CDM Co-ordinator with a Principal Designer. The CDM Regulations 2015 place additional obligations on the client. The client is required to satisfy itself that the appointed Principal Designer has the necessary skills and experience for the job. The Principal Designer may ‘buy in’ CDM support if it does not have the right skills in-house. The CDM Regulations 2015 also place an obligation on the client to notify projects to the HSE and make suitable arrangements for managing projects.
Although the HSE has published some guidance it has not yet published an Approved Code of Practice and some clients are seeking guidance from CDM Co-ordinators in a new non-statutory ‘CDM Adviser’ role. However, whilst a client can arrange for others to carry out this role, the client cannot delegate its absolute legal duty.
If you have any questions on the impact of the CDM Regulations 2015 or construction law and contracts generally please contact Jemma Regan-Cummins.