Civil Engineering Reference
In-Depth Information
subsequent amendment to it by the Contractor is notified to the Employer, the CDM
Co-ordinator and in the case of the SBC (where they are not the CDM Co-ordinator)
the Architect/Contract Administrator.
WhiletheyarePrincipalContractor,theContractormustensurethatwelfarefacil-
ities complying with Schedule 2 of the 2007 Regulations are provided from the com-
mencement of construction work until the end of the construction phase. Where the
Contractor is not the principal contractor, they are obliged to promptly inform the
Principal Contractor of the identity of each sub-contractor that they appoint and of
each sub-sub-contractor appointment notified to them.
The Contractor is also required, under clause 3.23.4 of the SBC and clause 3.16.5,
to provide on written request by the CDM Co-ordinator, and to ensure that any
sub-contractor provides, to the CDM Co-ordinator such information as the CDM
Co-ordinator reasonably requires for the preparation of the health and safety file.
This requirement must be complied with before practical completion can be certified,
see clause 2.30 of the SBC and clause 2.27 of the SBC/DB.
Under clause 3.24 of the SBC and clause 3.17 of the SBC/DB, if the Employer
appoints a successor to the Contractor as Principal Contractor, the Contractor is
required, at no cost to the Employer, to comply with all reasonable requirements of
the new Principal Contractor to the extent necessary for compliance with the 2007
Regulations. No extension of time is given in respect of such compliance.
The SBC/DB also recognizes that the Contractor may undertake the role of CDM
Co-ordinator, in which event clause 3.16.2 provides that the Contractor shall comply
with all the duties of the CDM Co-ordinator and shall prepare and deliver the health
and safety file to the Employer.
20.6 The NEC3 provisions
There are a small number of clauses within the NEC3 which deal expressly with the
issue of health and safety. Of the Contractor's main responsibilities, the requirement
to act in accordance with the health and safety requirements stated in the Works
Information is set out in clause 27.4. Notably, the programming requirements of the
NEC3 make specific reference to health and safety requirements, namely, clause 31.2,
which provides that any programme submitted for acceptance must show provisions
for health and safety requirements. The Employer is permitted to terminate if there
is a substantial breach of health and safety regulation in the circumstances outlined
by clause 91.3. Precisely what constitutes a substantial breach will be a matter of facts
and circumstances in every case.
