CPA Bulletin

46 CPA Bulletin > February 2018 www.cpa.uk.net q & a’ s Q&As: 1 If you look at clause 24(c) of the CPA’s Model Conditions, it states that: If the Hirer terminates the Contract before the Hire Period commences, then the Hirer is liable for all reasonable costs and charges incurred by the Owner or to which the Owner is committed at the time of termination. As the clause explains, by initially offering work to you which you accepted, the customer is obligated for any reasonable costs you incur, should they terminate the agreement before the hire period begins. The costs you charge may be further justified, if you have had to subsequently turn other work away prior to the cancellation, so you can achieve the customer’s requirements. I am having some disputes with a customer. The customer is booking personnel frommy company, which is then confirmed with official purchase order numbers. However, the customer is either cancelling later that day, or early the following day. As a consequence of the customer’s behaviour, we are losing money. Is there something within the CPA’s Model Conditions, which covers this?  Can you advise of any legal standpoint which allows us to increase the weekly hire rates we charge our customers for current (on-going) hires? You will not be able to increase the hire rates for existing (on-going) hire agreements unless: (a) You have the written consent of the customer; or (b) The contract stipulates that after a certain number of weeks on hire or on a certain date, the rates will increase. For example, if an item of plant is on long-term hire, i.e. 2 years or more, then the Owner may stipulate in the hire contract that on the anniversary of the commencement of the hire, the rates will increase by the Retail Price Index (RPI) rate. To invoice the customer at an increased hire rate, without either of the above points being agreed in writing, would make any demands for payment unenforceable. We are having great difficulty in finding people to employ, as everyone in this area is, so we trying something new. What are the rules on employing a 17 year old, could he or she work on construction sites, and could they obtain a slinger/signaller CPCS card. Are there any drawbacks to employing a 17 year old? There are no restrictions applied by law on the employment of young persons (under 18 years of age) although as they are of a higher risk due to their lack of risk awareness and maturity, additional factors need to be taken into account. The CPA’s Plant Safety Group’s publication on ‘Competence to Operate Construction Plant’ provides guidance (in section 11) on what to take into account. The CPCS cards both red and blue are not age restricted, nor is the attainment of a Vocational Qualification (NVQ or Scottish equivalent). The issue of a red card if you’re unaware is through any required training (which probably would be a full course followed by a testing process. On passing the test, the red card lasts for a period of 2 years within which time, they need to work towards and achieve the VQ. This will require the individual carrying out the work on site and this is the one area that despite not being an age restriction on site, some Principal Contractors (PC) or those working on their sites will not allow the operation of plant by anyone under 18. This is usually an insurance requirement rather than the whims of the PC, but they may be more lenient with someone undertaking a slinger/signaller role. In fairness, the sector acknowledges the need for new workers and there is a drive to accept young persons on site. Whether that has translated down the hierarchy may vary. If you’re a CITB levy payer then naturally grant is available with additional funds currently available for those under 19 years of age on an apprenticeship. My colleague Rob Squires can provide further information on grant payments for young persons. The CPA has been supporting a new apprenticeship for a lifting technician which is a 2 year programme for someone to learn how to both operate a crane (tower, crawler or mobile) and also capable of acting as a slinger/signaller. It has just been approved by Government and we’re in the process of setting up a register of training providers. If you’re interested in this approach, let my colleague Peter Brown know and he can provide you with further information. a a a