We instructed Freeths LLP to provide legal advice on appointment terms and conditions of EnCoW contracts; and our proposed planning condition. We will share outputs with our Working Groups (to feed into the consultation) and also with our members.

This includes two outputs: a validity test of our proposed planning condition which we are seeking to be used across the UK to improve consistency of EnCoW appointments; and legal definitions / advice regarding key terms, such as ‘ensure’, ‘supervise’, ‘oversee’ and ‘manage’, which are frequently, and erroneously, used in EnCoW briefs and contracts. This will help our members minimise their risk and protect their liability and indemnities.

Therefore, this exercise will clarify where risk, and liability, is located in relation to the parties under the CDM Regulations.