2. The terms and conditions under which the CDM Co-ordinator will carry out its functions under the Construction (Design and Management) Regulations 2007 ('The Regulations') are set out below.
3. What the Client (or the Client's Agent) must do:
3.1 Before any work starts on site complete the form overleaf accurately and in full and return it to the CDM Co-ordinator:
3.2 Supply or ensure the supply of all relevant site details including (but not limited to):
- all site surveys,
- geotechnical investigation reports,
- location of gas, water, electricity and similar services serving or affecting the site,
- arrangements to be made for any work to be done on those services,
- details of any other hazards affecting the site,
- details of any contamination affecting the site,
- details of any existing buildings and how they are to be removed or used (together with details of any hazardous
materials or substances in those buildings),
3.3 Supply all plans, working drawings and specifications relating to the CDM Co-ordinator at least 31 days before work starts on site.
3.4 Comply with the requirements made by the CDM Co-ordinator under the Regulations including (if applicable) ensuring that the Principal Contractor and/or Designer also comply.
3.5 Ensure that the Principal Contractor and Designer(s) notify the CDM Co-ordinator of any changes to the plans, drawings, specifications and methods of work so that the CDM Co-ordinator can take the necessary action to ensure that the Regulations are complied with.
3.6 Ensure that the appointed Principal Contractor and Designer(s) have the resources, qualifications, training and ability to comply with the Regulations and will attend meetings with the CDM Co-ordinator when required.
3.7 Supply to the CDM co-ordinator any Health and Safety file or similar document already in existence and to keep those documents delivered by the CDM Co-ordinator following its completion of the tasks under this Agreement in
accordance with the Regulations.
3.8 Ensure that no work starts on site until an adequate construction phase Health and Safety plan has been prepared by the Principal Contractor.
4. What the CDM co-ordinator will do:
4.1 Notify the project to the Health and Safety Executive.
4.2 Prepare an initial ‘Information Pack' so that it may be developed by the Principal Contractor before construction work starts on site.
4.2.1 The CDM Co-ordinator will only be able and obliged to carry out the task if the client has provided all of the information and documents required by the CDM Co-ordinator.
4.3 Ensure that the design incorporates the features and information necessary to protect health and safety of persons at work on site during construction, future maintenance, repair and demolition.
4.4 Facilitate, so far as reasonably practicable, co-operation between designer(s) and co-ordinate health and safety aspects of design and planning of construction work.
4.5 Prepare a health and safety file for each structure on the site and, when construction work is complete, deliver the file or files to the client.
4.6 On the Client's request:
4.6.1 give advice on the requirements of the Regulations regarding the appointment of Designers.
4.6.2 give general advice on the Regulations and in particular on the Client's obligations under the Regulations.
5. What the CDM co-ordinator is not responsible for under this Agreement:
5.1 The appointment of any Contractor(s) and/or Designer(s) and the performance under or compliance with the Contracts that those parties may have with the Client.
5.2 Any failure to comply with the Regulations caused by the Client, Designer and/or any Contractor:
5.2.1 failing or omitting to supply any information or document required by the Regulations.
5.2.2 failing or omitting to co-operate with the CDM Co-ordinator in carrying out the tasks referred to in this Agreement so as to enable the Planning Supervisor to carry out its tasks under this Agreement and the Regulations.
5.3 Any cost, loss, expense or damages to which the Client becomes liable as a result of the CDM co-ordinator carrying out any task under this Agreement
6. Termination of this Agreement by the CDM co-ordinator.
6.1 The CDM Co-ordinator may terminate this Agreement at any time if it considers that any party involved in the project has failed or omitted as the case may be to comply with this Agreement, with the Regulations or with any reasonable requirement made by the CDM Co-ordinator in accordance with its obligations under this Agreement.
6.2 on termination all rights, duties, liabilities and obligations under this Agreement except for those provided for in this paragraph and paragraph 7 (which will continue to have effect) will cease.
6.3 Termination will be without prejudice to any rights, obligations or liabilities accruing to either party to this Agreement prior to that date.
7. Clients Liability and Indemnity
The Client will indemnify the CDM Co-ordinator against any cost, loss, expense, damages or fine which it becomes liable to pay as a result of a breach of the Regulations where the principle or substantial clause of that liability was the failure or omission by the Client to comply with the terms of this Agreement or the relevant Regulations.
8. Payment Terms
80% of fees payable on completion of initial ‘Information Pack', remaining 20% on completion of H&S File. Additional costs such as required/requested site visits to be paid for as invoiced and in accordance to our standard Terms & Conditions of Contract.
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