The following Construction practice note Produced in partnership with Gowling WLG provides comprehensive and up to date legal information covering:
The Construction (Design and Management) Regulations 2015 (the ‘Regulations’) require that, on projects with more than one contractor, the client shall appoint a principal designer who is a designer on the project and who is in a position to have control over the design and planning stage (the pre-construction phase). The principal designer must be appointed as soon as is practicable and the appointment must be in writing.
The principal designer is an organisation, or an individual, that has the technical knowledge of the construction industry relevant to the project and who meets the competency requirements set out in regulation 8 of the Regulations. Regulation 8 requires that the principal designer must have the skills, knowledge and experience, and if they are an organisation, the organisational capability, necessary to fulfil the role in a manner that secures the health and safety of any persons affected by the project.
The duties of the principal designer are listed at regulation 11 of the Regulations. It is important to note that the principal designer must comply with these duties in addition to, and alongside, the general duties of a designer (set out in regulation 9) - see Practice Note: CDM Regulations 2015—the role of designer. The principal designer must also ensure that the other designers also comply with those duties.
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