17.1  Contractor to act as Client

In respect of the CDM Regulations:

17.1.1  in this clause 17.1 and clause 17.2 (Compliance with CDM Regulations), Client, Executive, Health and Safety File and CDM Co-ordinator have the same meanings as in the CDM Regulations;

17.1.2  the Contractor [has elected] [hereby elects] that for the purposes of the CDM Regulations the Contractor shall be treated as the only Client in respect of the Works [and the Services] pursuant to Regulation 8 of the CDM Regulations and the Authority [has agreed] [hereby agrees] to such election97;

17.1.3  the Contractor shall ensure that the Building Contractor is aware of such election and warrants to the Authority that it is competent to perform the duties imposed on a Client by the CDM Regulations and shall not at any time terminate, withdraw or derogate in any manner from its declaration or its acceptance of its responsibilities as Client;

17.1.4  the Contractor shall within twenty (20) Business Days of the issue of the [final] Acceptance Certificate deliver to the Authority the Health and Safety File; and

17.1.5  notwithstanding the election made under clause 17.1.2, the Authority shall observe and continue to observe the duties that are, pursuant to Regulation 8 of the CDM Regulations, to remain with the Authority, notably those duties under Regulations (5)(1)(b), 10(1), 15 and 17(1).

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97 Ideally this election should be made as soon as the preferred bidder is appointed.