“At present if an accident happens, such as a crane toppling over on a building site, it is contractors, designers or managers who face the music. From this April, those who pay for the building works will be in the frame as well,” said Mr Salmon.
The biggest impact of the Construction Design and Management Regulations 2007 will be on companies or individuals (the clients) who commission new buildings, even if they have no direct role in the work.
“A client will not be able to hide behind its agent if something goes wrong. If he knows or should have known of deficiencies in the procurement, design, management or construction process, he will have a duty to do something about it and be at risk if he fails.
“The thinking behind the spreading of responsibility is that it will force the person who commissions the project and pulls the purse strings to think harder about who carries out the work, and how it is to be done” explained Mr Salmon.
“It will become less tempting to cut corners, choose the tender with the cheapest price or to insist on short lead-in times when that increases the chances of something going wrong – leading to a prosecution. The more experienced or ‘hands on’ client will be less able to rely on his professional team to get things right.
“The client does not have to manage the project himself but he must make sure he appoints the right people and they properly manage it. That means checking the competence of designers, project managers and contractors before you engage them.
“In addition, the client has to be satisfied that all the right measures will be put in place to enable the project to be carried out without unnecessary risks to the health and safety of workers and the public.”
The new Regulations will apply to all projects current at April. Mr Salmon added: “One thing a client should do now is to get an understanding of their new duties.”
