Given that this work is for a holiday let, it is difficult to see how the client could be a "domestic client".
My understanding of the Regulations (which are not excessively long) is that the responsibilities of the Principal Designer are to ensure that the programme of work is safe and that work complies with the appropriate standards (including BS 7671). I don't see any statutory duty to ensure that the design does what the client wants it to do. That is a matter of contract.
I understood that may have been the case, so this bit of my diatribe applies:
Now, here's the rub for the poor electrician/contractor. If the works were more extensive than the electrical work, and they failed to ascertain who the Principal Contractor or Designer was, they were not legally entitled to start work under CDM Regulations.
So, in essence, the question always comes back to the electrical contractor / electrician, and I think the burden is on them unless they can demonstrate otherwise.
Basically, if the contractual arrangements were there, it should be an easy question to answer. If not, the electrical contractor should not have started work.
gkenyon:Given that this work is for a holiday let, it is difficult to see how the client could be a "domestic client".
My understanding of the Regulations (which are not excessively long) is that the responsibilities of the Principal Designer are to ensure that the programme of work is safe and that work complies with the appropriate standards (including BS 7671). I don't see any statutory duty to ensure that the design does what the client wants it to do. That is a matter of contract.I understood that may have been the case, so this bit of my diatribe applies:
Now, here's the rub for the poor electrician/contractor. If the works were more extensive than the electrical work, and they failed to ascertain who the Principal Contractor or Designer was, they were not legally entitled to start work under CDM Regulations.
So, in essence, the question always comes back to the electrical contractor / electrician, and I think the burden is on them unless they can demonstrate otherwise.Basically, if the contractual arrangements were there, it should be an easy question to answer. If not, the electrical contractor should not have started work.
Absolutely Graham. Unfortunately it is clear that the basic requirements of the CDM Regs have not arrived in many parts of electrical installation land. Many contractors remain completely oblivious and there appears to be little in the way of trying to get the message across. I make a deliberate attempt to embrace CDM as a founding feature of all our projects, especially the smaller ones where Clients want to use Jimmy the builder and Billy the spark.
perspicacious:
Architect is responsible (that's one reason they charge so much) as they are supposed to supervise the entire build.
This touches on what used to be my favourite sport!
Go into the architects meeting with the client as his representative and wait for the opportunity to talk about the EL and FA items all very neatly dotted all over the drawings and casually ask the architect if he had done these designs.
Mindful of charging the client for the design as a percentage of the cost of these installs (typically 15%) the architect's immediate response was "yes" said quite dismissively.
My response was to hand over the appropriate BS certificates with the address etc prefilled and say that "you won't mind signing the design part of these then" as a statement............
You could hear reverse gear being engaged without using the clutch!!!
My next response was to say that the pretty dots are just an "artist's impression" then.............
Same went for the electrical certificate.
Odd, I never worked out why I was never invited to any of their "corporate days out", ultimately financed by the client................
Regards
BOD
Bod. That just reminded me why we all love you so much.
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