Myth: The PC Can Delegate Away Its Liability
- Paul Scanlon
- Jul 30
- 1 min read
Can the Principal Contractor just delegate the role and walk away from the liability? No.
It is a question we hear from contractors and clients alike.
A Principal Contractor is allowed to delegate aspects of the role to third-party consultants or subcontractors.
What it cannot do is delegate the liability.
Legal responsibility for the performance of the Principal Contractor role stays with the Principal Contractor — whatever sub-arrangements sit underneath it.
If a delegated party fails, the Principal Contractor answers for that failure. The duty does not travel down the chain with the task.
This matters commercially as much as legally. Appointing a consultant to "handle CDM" feels like risk transfer. It is not.
The consultant carries their own professional duty. The Principal Contractor still carries the statutory one.
Delegation spreads the work. It does not move the accountability. The named Principal Contractor remains on the hook for the whole role.
If you are a Principal Contractor relying on a third party to run your CDM obligations, do you know exactly which liabilities you have kept?
Get your free Client Guide to CDM 2015 here: cdm2015.co.uk/resource-download
Comments