How does CDM apply to work following an insurance claim?
Where an insurance company undertakes the reinstatement of premises under the terms of an insurance policy, rather than simply indemnify the insured by payment of claims monies, it is the insurance company which is the client for the purposes of CDM. Where construction works are arranged by the insured on the basis of claims monies paid to them (either directly or indirectly) by the insurer, then the insured would be the client. Where the insured organises the reinstatement works on their own behalf, they will attract CDM duties in the usual way. Where the insured is a domestic client and they arrange for remedial works to be done following confirmation from the insurers that the costs of repair will be met, no CDM duties will attach to the domestic client. If the insurer specifies designers or contractors who must be used for certain aspects of the work the insurer would be deemed responsible for arranging for that company to do work. The insurer would therefore be responsible for est