Domestic Client's responsibilities (again)

[AndySat]

Yes, it's another thread about Domestic Clients and CDM...

I've read the excellent summary by ToughButterCup, which answers a lot of questions, but this is well outside my comfort zone, hence the request for advice.

 

After a long delay, my self-build project is about to kick off, with groundworks starting in the coming weeks. Not ideal timing, but that's how it ended up... In traditional self-build fashion, I intend to split the project into sections, each with a different contractor, so there should only be one contractor on site at a time.
As a Domestic Client, I won't be the Principal Contractor, so this role will fall to whichever contractor is on site. I will make it clear to each contractor that they are responsible for their own H&S and meeting the CDM requirements.

As I see it, this means that:

- I can tell the contractor what is expected (in a statement of work, specification, etc)
- I CAN'T tell the contractor how to do it (since this isn't my area of expertise and could be seen as "controls the way in which construction work is carried out by a person at work")
- I can ask the contractor to explain what they are doing and to show that their work meets the specification. Of course, this could be seen as telling them how to do the work if it's excessive, but some level of monitoring must be acceptable.
- I can provide some facilities on site (e.g. toilet, skip, welfare unit, etc), as long as the contractor agrees that they meet his needs, otherwise he provides his own facilities (and bills me accordingly!)

 

Hopefully this is mostly common sense, but if I've got anything wrong, or if anyone has any relevant advice/experience, please comment!

 

Thanks

[LnP]

Not sure what you mean by different project sections. What are your sections? It sounds like you're self managing and will engage the various trades under separate contracts, in which case, are you really going to only have one trade on site at a time? Will your trades be prepared to be nominated as principal contractors?

 

The best guidance I've seen on this is from the Self Build Portal, which the HSE point to in their web page on CDM and self build. If you're self managing, read the paragraph which starts, "The self builder acts as their own project manager, employing individual trades at different times." Long story short, you're the principal contractor.

 

Unfortunately this guidance predates the recent changes with the Building Safety Act. If there's good guidance out there on how that applies to self builders, I'd be happy to hear about it.

[nod]

Unfortunately As the the client Most of the HSE will fall on your shoulders 

If there’s a serious accident HSE will come looking for you 

If you where to employ a main contractor They would take this on 

 

 

 

[Alan Ambrose]

>>> Will your trades be prepared to be nominated as principal contractors?

 

In practical terms, I have not found a mechanism to tell BC that I've swapped from one PC to another.

[LnP]

A further thought ... quite often, self build projects require an F10 notification to the HSE - more than 500 person days of work. The F10 has to declare who the principal contractor is. Is each of your contractors going to submit a new F10 as they are the new principal contractor? Or will you argue that each contract is a new project and less than 500 days? Could be an interesting discussion if an HSE inspector arrives at your site and asks why you've not submitted an F10.

Edited Tuesday at 11:00 by LnP

[nod]

58 minutes ago, Alan Ambrose said:

>>> Will your trades be prepared to be nominated as principal contractors?

 

In practical terms, I have not found a mechanism to tell BC that I've swapped from one PC to another.

They would be mad to do this 

 

He just need to do the obvious 

Go round at the end of each day 

Make the site is secure 

Holes are covered 

Scaffolding is safe for the following day 

Accident book 

diving in book 

First aid kit 

Lots of signs 

Contractors won’t care about any of the above 

[AndySat]

Thanks all for the responses. I'm getting a better idea of what's going to be needed on my project.

7 hours ago, LnP said:

Not sure what you mean by different project sections. What are your sections? It sounds like you're self managing and will engage the various trades under separate contracts, in which case, are you really going to only have one trade on site at a time? Will your trades be prepared to be nominated as principal contractors?

I should have said "phases" instead of "sections". The project has some obvious breaks e.g. groundworks, timber frame, roofing and these will likely be different contractors, so it would be feasible to have them on site one at a time. Whether they accept the PC role is another question. Maybe not, although they become the PC by default if one isn't appointed.