Have you used the ICE Conditions of Contract?

[drpeterwardle]

Thanks fot that Beamo.

I think the point that you make about the ACOP

HSEs current understanding of the Regs but this is not always the same understanding that may be reached in a court of law.

is an important one.

One indicator of if archaeology is a construction activity must be is planning permission neccessary. Most planning officers will say no - I would suggest that sometimes is a more correct activity. A big strip map sample exercise with several machines and loads of dumpers I would suggest is clearly an engineering operation and indeed is the sort of activity that the CDM regulations are designed to cover.

I agree with 1man1desk that a knowledge of CDM regulations can be expected as it can be a legal requirement. It could however become a clause, for the avoidance of doubt in any event, or in the CDM regulations are deemed not to apply to the project.

Section 13 of the contract deals with CDM regulations in that it is setting how for mechanism for implementing the CDM regulations and extra payments for complying with the regulations.

Peter Wardle