Developers and their advising consultants need to be aware that by 6th October 2015, the role of the CDM Co-ordinator will be abolished and a Principal Designer and Principal Contractor must be appointed for ALL projects - new and on-going, particularly if the project commenced prior to April 2015 and there is more than one contractor involved.
The developer/client must appoint the PD – if it does not do so, the default provisions of CDM 2015 apply, meaning the client carries out the duties of the PD and PC. Breaches of the new rules can result in criminal liability for which the maximum penalty is an unlimited fine or imprisonment for individuals.
The PD role is similar to, but different from, the CDM co-ordinator role. PD must be a ‘designer’ with control of the pre-construction phase of a project - for D&B contracts this is likely to be the main contractor or architect, but that party must have the right skills, knowledge experience and organisational capability to carry out his function throughout the life of the project.
In some instances this may require termination of CDM Co-ordinator appointments, if that person/entity is not or cannot be the Principal Designer. You should seek advice before termination of any appointments/contracts.