Appointing a principal designer (2015) 26 9 Cons.Law 23 [Archived]
Appointing a principal designer (2015) 26 9 Cons.Law 23 [Archived]

The following Construction practice note provides comprehensive and up to date legal information covering:

  • Appointing a principal designer (2015) 26 9 Cons.Law 23 [Archived]
  • Designer
  • Competency
  • Client duties
  • PD/design consultancies

This article appears as originally published in Construction Law on 1 November 2015 and is not maintained.

Julie Teal and Suriya Edwards of Withers explain the changes ushered in by the new Construction (Design and Management) Regulations which are now in force. Many smaller contractors and consultants still do not understand their new responsibilities, they warn.

Key points:

  1. The transitional period under the CDM Regulations 2015 has ended so the appointment of principal designers (PDs) is now mandatory

  2. Design and build contractors are being asked to act as PDs increasingly frequently, in certain cases developing their own service solutions, which may not always meet the requirements of the Regulations

  3. Many small contractors and consultants still do not fully understand the new regime

  4. A PD need not be a member of the project design team, but must have sufficient control of the project to enable it, and the design team, to perform their various roles effectively

  5. ‘Client adviser’ appointments are being created to support less experienced clients in the discharge of their CDM 2015 client duties

From 6 October 2015 the Construction (Design and Management) Regulations 2015 (CDM 2015) abolishes the role of the CDM Co-ordinator (CDMC) and replaces this with the Principal Designer (PD). In the past few months legal practitioners and consultants have debated in some detail both CDM 2015 and the related guidance. As

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