Following parliamentary approval of the Construction (Design and Management) (CDM) Regulations 2015,(1) over the six-month transition period from April 6 2015, the CDM coordinator role on existing projects will disappear and be replaced – on projects continuing after October 6 2015 – by the role of principal designer.
If the project had a CDM coordinator immediately before April 6 2015 and will finish by October 6 2015, a principal designer need not be appointed. However, if such a project will not finish by October 6 2015, a principal designer must be appointed in writing before this date. In both cases, the CDM coordinator's revised duties during the transition period – including handover of the health and safety file – are set out in Schedule 4(5) of the regulations.
If, immediately before April 6 2015, the project involved (or was reasonably foreseen to involve) more than one contractor and had no appointed CDM coordinator or principal contractor, and the construction phase had already started, the client may appoint in writing a designer as principal designer (and must appoint in writing a contractor as principal contractor as soon as practicable after April 6 2015). If no principal designer is appointed, the principal contractor must prepare and update the health and safety file. However, if the construction phase did not start before April 6 2015, the client must appoint in writing a designer with control over the construction phase as principal designer (and a contractor as principal contractor) as soon as practicable (and in any event before the construction phase begins). If a relevant project has only one contractor and the construction phase has started, the contractor must draw up or arrange for a construction phase plan as soon as practicable after April 6 2015.(1)
Who can be a principal designer?
The principal designer will have control over the pre-construction phase and will be appointed in writing by the client. 'Designer' is defined by the regulations as:
"any person (including a client, contractor or other person referred to in these Regulations) who in the course or furtherance of a business— (a) prepares or modifies a design; or (b) arranges for, or instructs, any person under their control to do so, relating to a structure, or to a product or mechanical or electrical system intended for a particular structure, and a person is deemed to prepare a design where a design is prepared by a person under their control… 'design'... includes drawings, design details, specifications and bills of quantities (including specification of articles or substances) relating to a structure, and calculations prepared for the purpose of a design."
A designer (including a principal designer) must have the skills, knowledge and experience and – if an organisation – the organisational capability necessary to fulfil the appointed role in a manner that secures the health and safety of anyone affected by the project. Designers (or contractors) must not accept an appointment unless they fulfil these conditions and the person appointing them must take "reasonable steps" to satisfy themselves that they fulfil the conditions.
8/6/2015 0 Comments
If you’re a small business owner here in the state of Florida, you may not realize that you have an untapped revenue stream right at your disposal: exports! No matter what your product is, if there is a market for it oversees, you are missing out on potential profits by not offering your products in that market.
But, can just any small business take advantage of this opportunity? Are some better suited than others? Here are six steps to help guide you on your decision making process about if exporting is right for your business and if it is, the correct way to proceed:
Step One: Assess Your Readiness
Do a little research about products similar to yours on the global market. What price points are they at? How does your product compare in specs and performance? Are you able to deliver a “better mousetrap” to the international market at prices that will actually be profitable?
Additionally – how prepared are you to meet the increased demand that opening up into new markets will create? Make sure you are setting your business up for success by getting into exports before doing anything else.
Step Two: Get the Proper Training
The next thing you’ll need to do is reach out to a local US Export Assistance Center where you can get all the material and help you need in order to prepare to engage in Export sales. There are US Export Assistance Centers in every major city in the US.
At the center, you’ll find all sorts of help from employees of the SBA, the department of Commerce, and the US Import-Export Bank as well as many other organizations whose sole purpose in being at the center is to provide resources to US businesses that want to engage in export business.
Step Three: Develop an Export Plan
The US SBA had developed an extremely helpful Business Planner that will help guide you through the specifics of gathering the information you will need developing and setting the goals you’ll need to achieve for success in the export market.
This planner will be a key resource in helping you determine the export options available to your business.
Step Four: Market Research
This is an extension of the first step. Now, instead of simply researching to see if the move is warranted, you need specific locations about the absolute best markets to expand into. Be sure to access the published information by the US government about which markets are best around the world. Be specific and determine the actual markets you will be selling to at this point.
Step Five: Locate Customers
You’ll now actually need to locate foreign buyers, such as retailers, etc. who will buy your products in the foreign market you are expanding into. There are a number of resources available to you at the local, state, and federal level to help with this. Be sure to enlist the help of your business attorney as well as your local US Export Assistance Center to leverage these opportunities.
Step Six: Check out the Export Financing Options Available to You
One of the best ways to ensure your export expansion is a success is to take advantage of the financial aid available to you designed to do just that – help make US business owners succeed more easily in international markets. Here are a few options you may not currently be aware of:
SBA Export Express
This program offers businesses as much as $500,000 to help launch an export division of their business. With approvals coming as quickly as 36 hours, it doesn’t take long to see if you qualify. Basic eligibility guidelines are:
SBA International Trade Loan Program
The ITL provides small businesses offers a variety of working capital, fixed asset, and debt refinancing in order to help any business that has been adversely impacted by import business. To be eligible, you must be able to demonstrate there is an export market you can move into and that your business has currently been negatively impacted by the import market.
Still have questions?
Please call us for a free appointment with Miami business attorney Yoel Molina in our Miami office at 305-548-5020.