CDM 2015 – LEGAL PITFALL OR BUSINESS OPPORTUNITY FOR ARCHITECTS? - BEALE & COMPANY

The Construction (Design and Management) Regulations 2015 (“CDM 2015”) came into force on 6 April 2015, replacing the Construction (Design and Management) Regulations 2007. The new regulations have a significant impact on how health and safety risks must be managed on construction projects in Great Britain, particularly in relation to design.  

All architects working on projects in Great Britain have a legal duty to be familiar with the new regulations and fulfil the legal obligations.  

• Came into force on 6 April 2015 
• Replaced CDM Co-ordinator role with new Principal Designer role 
• Principal Designers should carefully consider their form of appointment 
• New notification threshold 
• Domestic client exemption removed 
• Withdrawal of current ACOP 

Under the CDM Regulations 2015 the CDM Co-ordinator role is replaced with a new role of Principal Designer. A Principal Designer must be appointed where there is more than one contractor or sub-contractor working on the project at the same time.  Furthermore, the Principal Designer must be a designer with control over the pre-construction phase.  Therefore, the appointment will come from within the project team at the pre-construction stage rather than a third party specialist, as was often the case with the CDM Co-ordinator. 

The Principal Designer manages and co-ordinates during the pre-construction phase to ensure, so far as is reasonably practicable, that the project is carried out without risks to health and safety.  The duties of a principal designer under the new regulations are potentially onerous, including ensuring that all other designers comply with their duties!

AIA UK sponsor, Beale & Company, produced a briefing note for AIA members, which can be found here. In addition, AIA members interested in finding out more about CDM 2015 can also listen to this webinar held recently by Beale & Company.

If you have any initial queries in relation to CDM 2015 call the AIA UK Legal Helpline on (+44) 020 7469 0400.  

BOB SCHMIDT MOVES TO USA

On the 7th of July chapter members gathered to say goodbye to Bob Schmidt and wish him well as he retires back to his hometown of Chicago.  Bob is a founding member of the AIA UK and a past president.  He worked as a planner and moved to England with SOM in the late 1980s to work on Canary Wharf.  Bob retired from Halcrow’s planning practice earlier this year and is already enjoying life back in the Windy City.  

We wish him a happy and relaxing retirement!

L to R: Robert Rhodes, Harry Goforth, Bob Schmidt, Michael Lischer, Lorraine King, Lester Korzilius, R.D Reber

SPONSOR PROFILE: DESSO

The Desso Group focuses primarily on superior floor design and Cradle to Cradle® in providing high quality carpet tiles and broadloom.  Its commercial product offering, business carpets, represents more than half of total sales and can be found in offices, banks, retail units, public buildings, schools, universities and care centres.

Desso's innovation strategy is concentrated in 3 key areas: Creativity, Functionality and Cradle to Cradle®. For Desso, creativity is synonymous with CARPETECTURE®, which is a powerful example of Desso's commitment to creative carpet design and its dedication to meet the needs of architects, interior designers, building owners and end users.  In the field of functionality, Desso develops pioneering solutions that make a difference for health and wellbeing.  As a result of this innovation and creativity strategy, Desso has launched a number of patented products like DESSO AirMaster®, for 8 times lower fine-dust concentration in the air (versus hard floors), and DESSO EcoBase®, which enabled Desso to achieve a Cradle to Cradle® silver certificate for an entire carpet tile product.

Desso's creative carpet design and service oriented approach has enabled Desso to become a leader in developing solutions for the Hospitality, Marine and Aviation (HMA) markets. Desso's HMA division works with companies such as Hilton, Intercontinental, Maritime, KLM, China Airlines, Royal Caribbean Cruise Lines and Holland America Line.

Desso Sports is a leading player in the provision of artificial turf for sports fields and hybrid natural grass systems that provide the perfect playing surface at every level of sport. DESSO GrassMaster® is a high-tech hybrid sports field of 100% natural grass reinforced with Desso synthetic grass fibres, which has been installed in two Euro 2012 stadiums and at the 'football temple' Wembley.

SPONSOR PROFILE: LAUFEN

LAUFEN, the premium brand under the ROCA umbrella, is one of the world's leading manufacturers of bathroom fittings with a global distribution network.

The company's core competence is its knowledge in the area of sanitary ware manufacturing.  For over 120 years, the LAUFEN brand has been using the oldest malleable material known to man to make innovative sanitary products in state-of-the-art plants with legendary Swiss precision.  

Knowledge of the bathroom as a whole developed from the competence of LAUFEN in ceramics manufacturing, and sophisticated design.  What makes LAUFEN products unique at the first glance is that their Swiss design unites two major design trends: emotional Italian design from the south and the northern tradition of design precision and clarity.

Although exquisite craftsmanship has always been a trademark of LAUFEN products, a great deal of thought goes into their design too.  For several decades now, LAUFEN has had positive experience of the successful collaboration with outstanding architects and designers.  In the development of new bathroom suite concepts, the expectations of the designer are met by the experience and precision of modellers, product developers and engineers.

The result: a highly functional and aesthetic product range.  From ceramic sanitary ware, through to faucets, bathroom furniture and mirrors, to shower trays, bathtubs and whirl systems - in all price categories.  At the same time, we use our knowledge and experience to achieve a high degree of individuality, in line with the wishes of our customers.  As well as additional colours, surface finishes and motifs, made-to-measure washbasins that can be cut to the required size are possible, also with short delivery times.

The aesthetically-appealing design and high compositional quality of LAUFEN products have won over many international judges and independent organisations, with awards being won by individual products, whole product ranges and even innovative materials and showrooms.

NEW SPONSOR BEALE & COMPANY JOINS THE AIA UK

The AIA UK board of directors is excited to announce specialist construction law firm, Beale & Company, as a new chapter sponsor!  With offices in London, Bristol, Dublin and Dubai, they have a long history of acting for consultants and architects, both in the UK and abroad.

A new benefit for AIA UK members and a key part of their sponsorship, Beale & Company is providing a free legal helpline to members!  This entitles chapter members to a free 20 minute consultation per month (although there is some flexibility here!) to cover typical issues faced by members, including those arising from appointments, collateral warranties, novation, health and safety and so on.  To access the Helpline, simply call +44 (0) 20 7469 0400 (please quote “AIA UK Helpline”).  Further details of the Legal Helpline can be found here.

Beale & Company will continue to present various legal lectures throughout the year, dealing with a range of ‘hot topics’ of interest to architects.  To date, Beale & Company have hosted three legal lectures for the chapter and one webinar.  These have been very popular and we look forward to continuing our “Legal Lecture” series later in the year.  If you have any suggestions for lecture topics, please let us know at chapterexecutive@aiauk.org

Please join us in welcoming Beale & Company to the AIA UK!

BEALE & COMPANY LAUNCH LEGAL HELPLINE FOR AIA UK MEMBERS

New AIA UK Chapter sponsor Beale & Company has launched a free legal telephone helpline for all AIA UK members.  This is an exciting and useful new benefit of AIA UK membership!

Beale & Company is a commercial law firm with a long history of acting for consultants and architects, with specialist experience in the construction, engineering and infrastructure sectors, both in the UK and internationally.  

Beale & Company is pleased to provide AIA UK members with guidance in respect of issues
arising in connection with their practice as architects, including in relation to:

• Appointments and collateral warranties
• Assignment and novation
• Non-payment
• Disputes
• Intellectual property rights
• IT
• Employment
• Corporate and commercial matters

To get in touch, please use the following contact details: 

• Tel: +44 (0) 20 7469 0400 (please quote “AIA UK Helpline”)
• Email: aiauk@beale-law.com