Who is the Principal Contractor after Handover?

It is relatively common that a facility is handed over to the client operations before all snagging on a construction project, or even the main construction scope, has been completed, resulting in the client’s management systems taking precedence over the principal contractor’s.

As the client is now ‘in control’ of the facility, can the principal contractor, appointed under the Construction (Design and Management) Regulations 2015 (CDM2015) remain as the principal contractor? Historically the construction project has been deemed to be completed at handover, even though is wasn’t, and the client’s management systems were operated as for any work undertaken within the facility.

CDM2015 requires a Construction Phase Plan for all construction work and a principal contractor appointed to manage the health and safety of the project if more than one contractor is involved in the project. As snagging will almost inevitably involve more than one contractor and the snagging is still part of the original project, the full requirements of CDM2015 still apply.

It is difficult to envisage the original principal contractor being able to manage the health and safety of the snagging work when the client’s management systems take precedence and the likely event of the original principal contractor not being present at the facility when all of the snagging work takes place.

It is likely that the most effective, and possibly legal, option is for the client to appoint themselves as principal contractor for any work undertaken after handover.