Rather than a supporting advisory role, we often get asked “can you be Principal Designer?”. It is not possible for us to undertake the role, and it is important that clients understand who should undertake the role when selecting appointments.
The Regulations require that the appointment must be a designer. This is not an option, or best practice but is prescriptive so must be undertaken:
- (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 -
- (a) a designer with control over the pre-construction phase as principal designer; and
The definition of designer is clearly defined in the Regulations:
“designer” means any person (including a client, contractor or other person referred to in these Regulations) who in the course or furtherance of a business -
(a) prepares or modifies a design; or
(b) arranges for, or instructs, any person under their control to do so
As is what is design work:
“design” includes drawings, design details, specifications and bills of quantities (including specification of articles or substances) relating to a structure, and calculations prepared for the purpose of a design;
Accordingly, by definition we are not a designer, therefore should not undertake the role of Designer or Principal Designer as this will leave our client and/or any ultimate client exposed as the appointment will not meet with the Regulatory requirements.
The third reason for not undertaking the role relates to the control aspect:
- (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 -
- (a) a designer with control over the pre-construction phase as principal designer;
Clients should ensure any party they engage to undertake the role of Principal Designer has the skills, knowledge and experience to perform the role and is able to demonstrate they meet the above definitions otherwise they could find the duties remain with them as client or they are at risk of prosecution for not adequately meeting their duties.
This is why in our opinion the role very much sits with parties that can demonstrate this such as the lead architect, project manager, or design and build contractor.
Where these parties do not have the skills, knowledge and experience to cover the health and safety aspects MSAFE Risk Management can be used to supplement their resources and ensure compliance. For more information, view our article on Benefits of using MSAFE as CDM Advisors.
