Q&As

Is there any particular issue with an employer's principal designer being novated to the design and build contractor, or should the principal designer always remain employer-side?

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Published on LexisPSL on 05/05/2016

The following Construction Q&A provides comprehensive and up to date legal information covering:

  • Is there any particular issue with an employer's principal designer being novated to the design and build contractor, or should the principal designer always remain employer-side?

As noted in our News Analysis piece: In theory—CDM Regulations and novation, by Seb Oram, construction law barrister at 3PB Barristers, where as a result of a novation, the principal designer is no longer engaged directly by the client, this situation does not contravene the CDM Regulations, as long as a principal designer is appointed there is no requirement for a direct relationship between him and the client.

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