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CDM Principal Designer (Form of Appointment) The following must be read in the context that this is a legal opinion tendered solely to the person that requested legal advice. Another lawyer may of course offer a different legal opinion. However, I trust the advice goes some way to provide “comfort” in terms of the legality of using an APS Form of Appointment (FoA) on projects with domestic clients. As requested in the ‘Principal Designer Role’ topic (p9); I have obtained legal advice regarding the use of the APS FoA by domestic clients who wish to exercise their right (i.e. choice) under CDM 2015, to appoint a Principal Designer, rather than the duty falling to the designer in control of the pre-construction phase of the project. The lawyer advised: A “formal appointment” – could be anything in writing clearly stating who is being appointed in the Principal Designer role. However, it is best practice to cover the points in the FoA. There is no legal objection to tailoring the APS FoA to meet specific project requirements. It is a question of going through the FoA and agreeing what clauses should be omitted, added or changed, to suit the particular circumstances. Any changes should be signed or initialled by both parties. APS Form of Appointment (sample): http://aps.legallio.com/Documents/Agreements/83feca3a_4931_4221_8777_3d93fa1d8074.pdf
