The Client Assumed Their Architect Was Handling CDM
- Paul Scanlon
- Jul 30
- 1 min read
The client assumed their architect was "handling CDM." No written appointment had been made. Then HSE visited.
This is an anonymised account of a situation we encounter more often than we should.
A commercial client appointed a well-regarded architectural practice to design and manage a multi-contractor office refurbishment. The architect was experienced. The client trusted them. An informal understanding existed that the architect would "deal with CDM."
No written Principal Designer appointment was made. No pre-construction information was compiled or issued to contractors. No Construction Phase Plan was reviewed before works began on site.
Seven weeks into the construction phase, an HSE inspector visited following an unrelated notification. The inspection identified the absence of a written PD appointment and the lack of pre-construction information in the hands of contractors on site.
The result was an improvement notice against the client — not the architect — for failure to discharge duties under Regulation 4 and Regulation 5 of CDM 2015.
The architect had good intentions. But intentions are not appointments. A CDM 2015 appointment must be in writing, given to the appointee, and made before the construction phase begins. An informal agreement does not satisfy Regulation 5.
The client's legal exposure did not reduce because they had delegated informally. It remained entirely with them.
If you are currently managing a project without a written PD appointment in place, let us help you regularise your position before an inspector does.
Get your free Client Guide to CDM 2015 here: cdm2015.co.uk/resource-download
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