- April 28, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Delays Caused by Refusal to Remove Scaffolding
The situation at hand pertains to a completed job that was finished three weeks ago. Despite the scaffolders being paid in full in advance, they are now refusing to take down the scaffolding, causing delays to other works on the property. Consequently, additional charges have been incurred due to lost days of work for other tradespeople who are unable to access the necessary areas.
## Ineffective Communication with Scaffolders
Repeated attempts to reason with the scaffolders have been futile, as they have consistently promised to remove the scaffolding on the phone but failed to follow through. This has resulted in the scaffolding remaining in place for a total of six weeks, surpassing the expected timeframe for its removal.
## Negligence in Safety Checks
Furthermore, it has come to light that the scaffolders have neglected their responsibility to conduct weekly safety checks on the structure, posing potential risks to the safety of those working in the vicinity.
## Seeking Resolution Through Legal Channels
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****** just grabbed a
Scaffolding is expensive kit and I suspect they don’t have the storage room so you are ‘providing’ it for them.
You could always tell them, with a completely straight face (essential…) that if it is still there on X date, you will deem it abandoned property and dispose of it as you see fit.
A complete bluff, but suspect they are not going to want to test your resolve…
I’m a scaffolder, best bet is what others have said. Phone them and say that you think his scaffolders turned up and said they was coming back to take it down tommorow. But you phone them to double check what time they will be there, when it clicks that it wasn’t his men he’ll be on it. Gear isn’t cheap and it is stolen very often.
Letter before action. If it isn’t removed by X date, another scaffolder will be engaged to remove it and it will be placed in storage. The fee for storage and removal will be submitted to the scaffolders as will the fees you have had to pay to other tradespeople due to their inaction.
Ask them has the scaffolding been inspected in the last seven days. Tell them that you will report it to the HSE if they don’t either take it down or show you the inspection report for this week.
Working at height regulations stipulate weekly inspections:
https://smartscaffolder.com/help-centre/scaffold-inspection-requirements/#:~:text=Scaffolds%20must%20be%20inspected%20before,adverse%20weather%20or%20an%20earthquake.
They will move it to avoid the authorities sniffing around their operation.
Email and tell him you’re supporting the release of (wrongly) convicted arsonist Pete Scaffold, so there will be a Free Scaffold sign up from next week and that you’re not responsible if anyone were to misconstrue the message
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I think a lot of people send the company a email saying if it’s not gone by such a day it’ll be scrapped, iv seen people out adds up on gumtree giving scaffolding away
I’m sure something very similar was posted not so long ago. My favourite tongue in cheek response to that was ringing them and saying some blokes had been round noticing it was still there and offering you cash for it so they don’t need to collect it.
Honestly it’s a safety issue as well as it’s still considered a construction site, not to mention a security issue. HSE *should* be interested but they might not be quick about it. Legally the scaffolding needs to be checked every 7 days – is anyone coming out? If not that’s a breach of the Working At Height Regulations.
Another suggestion I’ve seen is sending a registered post/special delivery letter withdrawing consent for the scaffolding to be on your land, giving them a deadline by which you expect it to be removed. This would be followed by a solicitors letter saying if this isn’t done you’ll start proceedings at the county court, claiming damages for private nuisance and trespass, as well as pursuing them for storage and legal costs.
You write them a letter before action stating that they must take the scaffolding down within a few days or else you will initiate a claim in the small claims court for damages. Those damages will include all of the money you have had to spend on paying your trades, all of it, plus an additional amount of, say, £100 for each additional day when it is not taken down. Plus legal interest.
Then if they don’t collect it, **actually initiate the claim**.
You **will** win.
It will take a long time, maybe 6 months, but if your scaffolding isn’t taken down until the court date that’s going to be £18k in your pocket.
Scaffolders “store” scaffolding by leaving it in a place it is no longer needed until it is needed in the next place. This saves them moving it from one job to storage and then back out to a new job.
This seems to be the standard MO.
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Welcome to scaffolders. They leave their shit up wherever they can until they secure a new job, be prepared to wait in some cases upwards of a month or more however given the weather now I doubt it’ll be that long
Scaffold removal and storage cost the company x amount of wages and x amount of commercial rent for each job. If they can get it removed and taken to another job close by then they save a lot of money. Over a year if they can do this for every job you’re talking £1,000s. Do you have a contract with them? I would suggest next time withholding 25% for removal at the end of the job. You could try sending a letter before action to their office which explains they have 7 days to remove it before you make a legal claim against them for losses incurred. You could also threaten to get it removed yourself and charge them for it and the storage. Will probably be scary enough to get them moving.
This suggestion has come up before (people don’t like the implication but it’s the one that works). Ring them and tell them a couple of lads with a flat bed and strong accents were asking if I still needed the scaffolding as they noticed no one has been on it for a while. Other scaffolders apparently won’t touch each other’s gear to help someone in this situation but it seems that knowing people who don’t give a shite about that are sniffing around it tends to get a response.
Regarding the removal, you seem to have been given solid advice. Regarding the money you’re out to other tradesmen who have turned up and been unable to do work because the scaffolding is in the way, you might want to let the scaffolders know of your intention to claim this back.
As they have promised to take it down multiple times, you have arranged for other works to be carried out. When the scaffolding wasn’t removed on the date promised, this has caused you a financial loss for which you will be seeking recompense.
Send them a recorded letter before action stating that they have X amount of time (usually 2 days to a week make it reasonable) to remove the scaffolding, or you will have to start charging them X amount per day for storage on your property. They’ll soon shift it
They are keeping it up till they have another job to do
You are an involuntary bailee of their goods. As an involuntary bailee, you have certain rights and responsibilities, in respect of the goods. This includes not deliberately or recklessly damaging the goods. The relevant legislation is the Torts (Interference with Goods) Act 1977.
Under the act, if you give notice to the bailor (person who left the goods), and after a reasonable period they have still not collected the goods, you can dispose of or sell them. However you cannot profit from the sale – just cover your costs.
You can either look up how to make the notice yourself (it’s a common problem for landlords and house buyers so there is a fair amount of guidance available) or instruct a solicitor to do so.
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tell them you will allow another company to take it from the site
Tell them if they don’t collect by date and time another scaffolding company will be taking it. I’m sure they will be around before the date you set to collect.
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Tip off some local travelers, they love scrap metal theyll take it down
These threads keep appearing and there’s always the same loony advice of selling it or threatening to dismantle it or the travellers are eyeing it up etc etc These are all crazy comments and will only serve to antagonise the scaffs.
Unfortunately you’re dealing with a trade that typically do not respond well to threats or BS.
In the real world you can only try and explain the problems having it up is causing, stopping other work etc and try and appeal to their better nature. Make up a quote someone else wants as they did such a good job. Anything other than threatening them!
Anything else will only serve to cause you more grief than you need.
It’s not right, nor fair, but such is life.