Contract documentation

There is no need to include in a contract, as between the parties to a project, the precise obligations and duties that are set out fully in the CDM Regulations. The requirements and prohibitions as they affect the roles of contracting parties according to the Regulations apply regardless of any contractual arrangement. However, for the sake of clarity and avoiding confusion, there are various matters that should be considered when preparing documentation for projects to which the Regulations apply.

If a party to a project has a contractual obligation to perform the role of a duty holder or comply with other obligations imposed by the Regulations, then failure to comply becomes a breach of contract for which there is a remedy in damages.