As confirmed in VATREVCON22000, the CIS status of the supplier is irrelevant. What is important is that the supplies must be reportable under CIS, which is the customer's responsibility. If they are reportable, and the other criteria are met, as you have suggested, the services do fall under the VAT DRC. If a supplier incorrectly charges VAT on a DRC supply HMRC's advice, per VATREVCON41000, is for the customer to reject the invoice and ask for it to be corrected. Being charged VAT incorrectly and trying to recover this could leave your client liable to potential assessment action by HMRC. Please also see VATREVCON42000 and 43000 for other checks HMRC will typically do.
These publications from Markel Tax were correct at the time of going to press and should be considered as principles-based guidance only. To check current validity, call the Markel Tax helpline. ICAEW (as distributor) disclaims all liability for any errors or omissions.
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