CDM query

Added: 06:45 10.09.2007

The new Construction (Design and Management) Regulations require the F10 notice to be signed by/on behalf of the client. This is to declare that the client has an understanding of their duties. As we are a consultancy, we do not consider that when acting as CDM Co-ordinator we should sign this for them. To date, since the regulations changed in April, every client sends back the F10 notice to us unsigned. This is despite us doing everything possible to explain the client situation to them. Can you help?

Anon | Post a reply | Report this question as unsuitable

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Re: CDM query

To add to my learned colleagues comments, as I understand it, whether the Client signs or not, as long as you have informed them about CDM Client duties and the implications, they remain legally responsible, there is no cop out for them by not signing as far as I know!

Phill Firmin | 22:17 07.03.2008| Report this answer as unsuitable

Re: CDM query

The main purpose of the F10 is to notify the HSE of who the dutyholders are. Their signiture removes scope for argument. When I sign (as CDMC) on behalf of the client I ensure that the authority is in writing and there is an audit trial where I can demonstrate the I have informed him of his duties - to discharge MY duty(all designers etc also hold this duty!). You will be aware that ignorance is not a defence under ANY legislation. So clients are kidding themselves.
Pasc.

Pasc@PRsafety.co.uk | 20:50 27.02.2008| Report this answer as unsuitable

Re: CDM query

You are correct - the client should sign the F10. The duty is contained within regulation 21(3), which states: "any notice shall be signed by or on behalf of the client or, if sent by electronic means, shall otherwise show that he has approved it".

We would suggest that you continue to request a signature and receive back from the client their confirmation/approval for the issue of the F10 notification to the HSE and on the basis they confirm their understanding of the clients duties under the regulations. The initial obligation to make clients aware of their duties is on the designer. Given that the client has appointed a co-ordinator we can assume that they are aware of their duties and understand the requirements.

Sypol Helpline | 06:46 10.09.2007| Report this answer as unsuitable