CDM 2015 For Only One Contractor

The Construction (Design and Management) Regulations (known as CDM) apply to every construction project, regardless of the size of the project or its duration. Every construction project must comply with CDM.

No matter what type of work you do, from maintenance and odd jobs to refurbishments and new builds, you need to know about CDM.

Usually, there will be 5 roles under CDM:

• Client
• Principal designer
• Principal contractor
• Contractors
• Designers

These are known as the CDM duty holders.

Not sure where to begin with CDM? Start with our CDM Regulations Summary blog post.

However, on projects with only one contractor, there are a few changes to the CDM duties that apply to your project. Before we go into those, it's important to check that your project really is a single-contractor project.

Does your project only have one contractor?

It's pretty rare for a construction project to have only one contractor. Of course, it does happen, but not as often as you might think.

You might get a painter to touch up your external woodwork. And that's one contractor... right? Not if they (or you) get a scaffolder to put up some scaffold for access.

A single contractor project is any project that will only involve one contractor from start to finish.

If the contractor appointed to do the work uses subcontractors, or the client brings in additional contractors at any stage, then the project is not a single contractor project. Even if those contractors are not on the site at the same time.

Sometimes, a client may only appoint one contractor, but it is important to check if they will use subcontractors to complete the work. A scaffolder for access, or an electrician or gas engineer for example. If they do use other contractors, then the project would not be a single-contractor project.

So it's a good idea to check for sure if another contractor will be used at any stage of the project. But if you are certain that your project will only have one contractor, read on for what to do!

There's only one contractor

Ok, you've checked and are certain there will be only one contractor on your project. CDM will still apply to your project, but the requirements are slightly different.

• There won't be a principal designer
• There won't be a principal contractor

If there is only one contractor, there are changes to the duties under CDM. Because you won't have as many duty holders. The roles that will apply to a single contractor project are:

• Client
• Contractor
• Designers

Some roles have additional duties, and some have reduced duties. Some roles, like the principal designer and principal contractor, are removed altogether, with many of their duties passed to other members of the project team.

Let's look at what this means for the remaining CDM roles and responsibilities.

Client

Every project has a client. In this case, it's probably the person appointing the contractor to do some work. This could be an individual or a business.

Reduced client duties

The client usually needs to appoint a principal contractor, but they don't need to make this appointment on a single-contractor project. The principal contractor is the contractor in overall control of the construction phase. But projects with only one contractor don't need a principal contractor, because there is only one contractor, so that contractor is automatically in control of themselves.

There is also no legal requirement to appoint a principal designer on projects with only one contractor.

5.—(1) Where there is more than one contractor, or if it is reasonably foreseeable that more than one contractor will be working on a project at any time, the client must appoint in writing—

1. a designer with control over the pre-construction phase as principal designer; and
2. a contractor as principal contractor.

Extra client duties

The client is responsible for providing the pre-construction information during the planning stages of the project and for notification of the project to the HSE.

This isn't an extra duty as such, but the client will usually be assisted by the principal designer. The principal designer would usually let the client know what information is needed, put the pre-construction information together, and submit the notification to the HSE (if required).

Since this is a single-contractor project, a principal designer doesn't need to be appointed. So the client has some extra pressure here, as they need to provide the pre-construction information without the help and support of a principal designer.

In practice, as the contractor must ensure that the client is aware of their own CDM duties, and the contractor will need this information to plan the work safely, this will often require the contractor to provide extra assistance to the client during the pre-construction phase.

Contractor

As discussed, the client does not need to appoint a principal contractor. But this does mean that on projects with only one contractor, the single or sole contractor involved has to take on a few extra duties.

Now that there is no principal contractor to take charge of the construction phase, this responsibility falls to the single contractor involved in the project.

Reduced contractor duties

One of the key duties of the principal contractor is to manage coordination and cooperation between contractors and ensure they comply with their duties under CDM. As there is only one contractor involved in the project, the management of other contractors is not required.

In theory, the coordination and cooperation on the site should be more straightforward with only one contractor, as they are working with their own team and not external workers.

Extra contractor duties

Contractors always have duties under CDM, and that doesn't change. However, the principal contractor would usually carry out extra duties. And these duties still need to be completed.

As there is no principal contractor, these extra duties become the responsibility of the sole contractor on the project.

For example, the contractor needs to develop the construction phase plan before work starts. That was a principal contractor duty, but now it's a contractor duty.

15 - (5) If there is only one contractor working on the project, the contractor must draw up a construction phase plan, or make arrangements for a construction phase plan to be drawn up, as soon as is practicable prior to setting up a construction site.

Site inductions are also usually provided by the principal contractor, but as there is no principal contractor on projects with only one contractor, the single contractor must provide site inductions to their workers.

Other contractor duties such as securing the site, providing welfare facilities, estimating timescales and planning stages of work will often be taken care of in part or fully by the principal contractor on larger projects with multiple contractors. On single-contractor projects, the contractor must pay extra attention to these duties as their sole responsibility.

Designers

Just because there is only one contractor, doesn't mean there might not be multiple designers. Usually, the principal designer will manage the pre-construction phase and make sure designers comply with CDM duties.

But this is a single-contractor project. A principal designer doesn't need to be appointed under CDM.

Designer duties don't change too much on projects with only one contractor. But because there is no principal designer appointed, designers should pay extra attention to their duties.

There are no additional designer duties on single-contractor projects. But not having a principal designer appointed can bring more work for designers, when it comes to completing their CDM responsibilities.

For example, designers need to make sure the client is aware of the client's duties. Usually, the principal designer will take care of this, so for projects without one, designers may need to spend extra time making sure the client is aware.

The principal designer will also usually take care of communication and sharing of information between designers and the client and contractor. Where there is no principal designer on single-contractor projects, designers need to make these arrangements themselves.

---

Need help to understand your contractor duties under CDM? Read the free CDM duty holder guide for contractors!