Form of Appointment as CDM-C Consultant-Modified

8/13/2019 Form of Appointment as CDM-C Consultant-Modified

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Form of Appointment

Shaping and sharing best practice in construction health and safety riskmanagement

FORM OF APPOINTMENT AS

CONSULTANT(CDM CO-ORDINATOR)

(FOAC 2011)

Under the Construction (Design and Management) Regulations

200 and the Construction (Design and Management) Regulations

(!") 200 and for the #ro$ision of Related Ser$ices


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Form of Appointment ! Con!"#tnt (CDM Co-or$intor)

' his form of appointment should be used for the appointment of a consultant to carry out the CDM

coordination duties on behalf of the CDM Coordinator appointed by the Client under the Construction

(Design and Management) Regulations 200 or the Construction (Design and Management) (!")

Regulations 200&

' he Regulations re*uire the Client to appoint and to be reasonably satisfied that their appointee(s) is

(are) competent& +,here the CDM Coordinator is appointing the Consultant- the CDM Coordinator

may still be re*uired to demonstrate his competence to the Client&.

' he Memorandum of /greement and the to schedules to hich it refers contain some clauses hich

re*uire completion or deletion of alternati$es and pro$ide the opportunity for the definition of additional

CDM coordination duties&

1(b) he Consultant3s liability to the CDM Coordinator in contract for any breach or breaches of this

/greement shall not e4ceed 5+ . pro$ided that in the case of claims arising out of or in connection

ith pollution or asbestos- the liability shall not e4ceed the amount- if any- reco$erable under the

Consultant3s professional indemnity insurance in respect of pollution or asbestos as the case may be&6

,hen completing this clause- consider the folloing7

%& ,hat is the le$el of your professional indemnity insurance co$er8 "t is unlikely that you ould e$er

ish to complete the clause ith a figure hich as higher than your present insurance co$er- if that

insurance is on an 9each and e$ery claim3 basis& "f the insurance is on an aggregate basis- the amountto be inserted in the clause should be significantly less than your total yearly co$er&

2& Remember that professional indemnity insurance is on a 1claims made6 basis- ie& the amount of co$er

you ha$e is the amount for hich you are insured in the year in hich the claim is made- not in the

year hich you carried out the ork& "f- therefore you are inding don your business or looking to

retire shortly- bear this in mind if you are planning to reduce the le$el of your professional indemnity

insurance co$er& Runoff insurance is a$ailable for those ho are retiring- and your broker should be

able to ad$ise you on this&

:& "f your insurance for acting as a CDM Coordinator is linked to other parts of your practice (eg& design

consultant) you may not ish to put in the full le$el of your co$er- as it may be considerably higher than

normal for a CDM Coordinator& o take an e4treme e4ample- if you are engaged in a pro;ect hich is

relati$ely straightforard here the orks are likely to cost less than 5%million- it ould be unusual to

e4pect the CDM Coordinator to carry professional indemnity insurance co$er of- say- 52million- and

that is also rele$ant to a consultant carrying out the CDM coordinator function&


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MEMORANDUM OF A&REEMENT

beteen7

(insert name of CDM Coordinator)

the registered office@principal place of business of hich is at

(hereinafter referred to as the CDM Coordinator)

of the one partA and

(insert name of Consultant)

the registered office@principal place of business of hich is at

(hereinafter referred to as the Consultant)

Bor applicable date see esting Clause- page >

:


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,hereas7

/& he CDM Coordinator is presently engaged as CDM Coordinator by7

of@hose registered office or principal place of business is situated at7

for a pro;ect for the7

situated at7

(hereinafter referred to as the #ro;ect)

& he #ro;ect re*uires the appointment of a CDM Coordinator pursuant to the Construction (Design and

Management) Regulations 200 or the Construction (Design and Management) Regulations (!") 200

(hereinafter referred to as the Regulations)&

C& he CDM Coordinator has re*uested the Consultant to act on its behalf in pro$iding CDM Coordination

ser$ices for the #ro;ect&

NO IT IS %ERE* A&REED AS FOLLOS+

1, 4cept here otherise stated- ords and e4pressions used in this /greement hich are also used in

the Regulations shall ha$e the same meanings as in the Regulations and references to regulation

numbers are to the Regulations&

he CDM Coordinator hereby appoints the Consultant to discharge the re*uirements placed upon a

CDM Coordinator by the Regulations (the Re*uirements) and to carry out the Ser$ices listed in

Schedule % hereto (the Ser$ices)& "n the case of any conflict beteen the Re*uirements and the

Ser$ices the Re*uirements shall pre$ail&

(b) he Consultant accepts the appointment as CDM Coordinator on behalf of the CDM Coordinator for the

#ro;ect in accordance ith this /greement&

(c) he appointment shall be deemed to ha$e commenced on the date on hich the Consultant commenced

any ork on or in connection ith the Re*uirements or the Ser$ices notithstanding that such ork

may ha$e been carried out before the Consultant3s formal appointment- and shall continue- unless

earlier terminated in terms of Clause %2- until

E (i) practical completion or deli$ery of the Fealth and Safety Bile to the CDM Coordinator- hiche$er is

the laterA

E (ii) deli$ery of the Fealth and Safety Bile to the CDM Coordinator ithin GGGGG eeks of practical

completion of construction ork (state number of eeks)

E (iii) the agreed pro$ision of partial ser$ices up to GGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGG(EE)

shall ha$e been completed&

(E delete hiche$er is not applicable)

(EE insert agreed stage or definition of termination of partial ser$ice)

#ro$ided alays that information re*uired for the Fealth and Safety Bile has been made a$ailable by

the Client- designers and contractors in accordance ith Clauses 2 (h) (i$) and < hereunder& "n the e$ent

that necessary information is not deli$ered to the Consultant in accordance ith Clauses 2 (h) (i$) and

< the ork of the Consultant shall be deemed to ha$e been completed in accordance ith hiche$er

of options

(i) to (iii) abo$e apply pro$ided that the Consultant has deli$ered to the CDM Coordinator the

otherise completed Fealth and Safety Bile and notified the CDM Coordinator of the outstanding

information&

(d) !o proceedings or action arising out of or in connection ith a breach of this /greement shall be

brought against the Consultant after the e4piry of GGGGG E years from #ractical Completion of the

,orks to hich this /greement relates&(E years is normally suggested for ngland- ,ales and !orthern "reland- = years is normally suggested for Scotland)

2, APPOINTMENT

(a)

MEMORANDUM

OF A&REEMENT

days of the date of issue of any fee note- after hich time interest

ill accrue on the amount outstanding at GGGGNE per annum abo$e the current base rate set by the

(ank)- until payment is made&

his is the Schedule 2 referred to in the foregoing Memorandum of /greement

dated 20

Signed on behalf of the CDM Coordinator Signed on behalf of the Consultant

(E ,here the Hate #ayment of Commercial Debts ("nterest) /ct %??> applies the rate must be a 1substantial remedy6 and >N o$er base rate is

specified as meeting this criterion)


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Form of Appointment as CDM-C Consultant-Modified

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