Compliance CDM Regulations Template

COMPLIANCE CDM REGULATIONS TEMPLATE

Parties and Recitals

This Compliance Agreement (the Agreement) is entered into on this date: Date:

Client Name:    Contractor / Service Provider:

WHEREAS, the Client proposes to undertake the project known as: located at (the Project); and

WHEREAS, the parties intend that all duties and obligations applicable under the Construction (Design and Management) style regulatory framework be fulfilled for the Project, including but not limited to appointment of duty holders, provision of pre-construction information, preparation and maintenance of the health and safety file, and implementation of a documented compliance regime;

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows.

Scope of Work

The Contractor shall perform all services necessary to ensure compliance with applicable CDM-style obligations for the Project, including coordination with appointed designers and sub-contractors, preparing pre-construction information, maintaining the health and safety file, conducting risk assessments, and providing competency evidence upon request.

Payment Terms

Invoices shall be issued in accordance with the Payment Schedule. Unless otherwise agreed in writing, all undisputed sums shall be paid within days of receipt of a correctly submitted invoice.

Late Payment: Overdue amounts shall accrue interest at the rate of , calculated daily from the due date until payment in full.

Term and Termination

Term Commencement Date:    Term Expiration Date:

Either party may terminate this Agreement for convenience on no less than days' prior written notice to the other party. Immediate termination may occur where a party commits a material breach of its obligations under this Agreement and fails to remedy such breach within 14 days of written notice.

CDM Compliance Obligations

Duty Holder Appointments: The Client shall be responsible for making any required appointments of Principal Designer and Principal Contractor, or otherwise shall confirm in writing that the Contractor accepts the duties of the appointed role. Appointments shall be documented and copies provided to all relevant parties.

Pre-Construction Information: The Client shall furnish to the Contractor all relevant pre-construction information necessary to plan and manage health and safety during design and construction. The Contractor shall review such information and notify the Client immediately of any material omissions.

The Contractor shall establish and maintain a health and safety file in accordance with the applicable regulatory framework and deliver the file to the Client on project completion. The file must include design changes, residual risks, operation and maintenance information, and validation of competence for activities carried out.

Competence and Training: Each party warrants that it will only engage personnel, sub-contractors and designers who are competent by training, experience and qualifications. Records of relevant training and competence shall be provided upon request.

Notification: Where the Project meets the threshold for notification under the applicable regulations, the Client shall ensure that notification is made in a timely manner and shall provide evidence of such notification to the Contractor.

Audit, Monitoring and Records

Monitoring Frequency:    Records Retention Period:

The Contractor shall permit the Client and its nominated auditors reasonable access to project records, sites and personnel for the purpose of verifying compliance. Non-conformances identified during audits shall be remedied within the timescales agreed between the parties.

Confidentiality

Each party shall keep confidential all information designated as confidential or reasonably understood to be confidential in nature, including health and safety files, design risk registers, and commercially sensitive project information (Confidential Information). Confidential Information shall not be disclosed except as required by law, regulatory requirement, or for the proper performance of this Agreement. This obligation survives termination for a period of years.

Indemnity and Liability

Each party agrees to indemnify and hold harmless the other from liabilities, losses, damages, costs and expenses arising from its breach of this Agreement or negligent acts or omissions in performing its obligations, except to the extent caused by the indemnified party's own negligence or willful misconduct. Neither party shall be liable for indirect or consequential losses except for liability arising from fraud or gross negligence.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of . The parties shall attempt to resolve disputes in good faith by negotiation and, if unresolved, by mediation prior to initiating formal legal proceedings.

Compliance Certification and Training

The Contractor shall provide written certification of compliance with key CDM obligations upon request and shall maintain records of training for personnel engaged on the Project. The Contractor certifies that it has implemented reasonable measures to ensure that personnel performing work are trained and competent.

  The Contractor attests that all personnel and subcontractors assigned to the Project have received appropriate CDM-related training and that records are maintained.

Notices

Notices shall be sent to the addresses set forth above and are effective on the date of receipt.

Entire Agreement

This Agreement, together with any documents expressly referred to herein, constitutes the entire agreement between the parties regarding the subject matter and supersedes all prior negotiations, representations or agreements, whether written or oral. No amendment shall be effective unless in writing and signed by authorized representatives of both parties.

Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect and the invalid provision shall be reformed to the extent necessary to make it valid and enforceable.

Sign Now