A Principal Designer (PD) is a designer who is an organisation or individual (on smaller projects) appointed by the client to take control of the pre-construction phase of any project involving more than one contractor.
section 4C
Both NEC and JCT contracts are standard forms of contract that are part of standard families for procuring works or consultancy services (JCT), goods, works or services (NEC).
Where the contractor is designing and building the works, a design and build contract is used. The burden of the risk is with the contractor.
The Health and Safety Executive (HSE) has advised that planting and general horticultural work are not considered ‘construction work’.
The CDM Regs 2015 apply in every building project in the UK regardless of whether it’s domestic, commercial, notifiable or non-notifiable.
Under the CDM Regs 2015 when a project is notifiable, the notification also triggers the appointment of a Principal Designer, a Principal Contractor…
A subconsultant is a professional who is appointed and paid by another discipline (usually an architectural practice) to carry out design or surveys work that requires specialism.
A subcontractor is a professional who is usually appointed in a project by the main contractor, to carry out works that require specialism.
A Named subcontractor contracts with the main contractor to supply or fix any materials or goods or execute work forming part of the main contract.
Under the Construction (Design and Management) Regulations 2015 (CDM Regs 2015), when a project is notifiable it is the Client’s duty to submit an F10 form to the HSE.
On a project that involves earth works as well as planting, using a JCLI contract would not be the best option, since it doesn’t allow for clauses more specific to the earth works.
The main reason for choosing between a contract under hand rather than under deed, may be the liability period associated with each one.
The changes between the JCLI 2012 and the 2017 edition, are summarised below:
Product information is the specific information provided from the supplier(s) with regards to the products that have been selected to be used in a project.
When an individual client goes bankrupt or a business entity in general files for bankruptcy, an automatic stay is triggered on all collection actions, legal proceedings and judgment enforcement activities.
orking day is any day in which construction work will be carried out. This is not just full days of construction work.
The person responsible for Health & Safety on a project, depends on the construction phase and it is either the PD or the PC.
Since the CDM Regs 2015 apply separately for each contract, individual Health & Safety files would need to be prepared. Even if these individual contracts are small sections/phases of a large project, they still require their own H&S file prepared.