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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Scaffolder & our company agreed a contract, project manager

Resolved Question:

Scaffolder & our company agreed a contract, project manager unwell, scaffold paid for then found to be wanting according to the quote. Project manager asked for adjustment to scaffold which was an extra platform to reach roof (original purpose of scaffold to work on roof, this made clear, quote included 'scaffold to gutter level (in fact scaffold over 1 meter below gutter). The top lift is in fact only onto a flat roof where no gutter. Scaffolder added platform access to scaffold and invoiced £700, our company would not pay, on basis the original quote states clearly scaffold to reach gutter leverl. Due to non payment Scaffolder came and removed platform shouting about fact that our company had not paid him, untrue. Also there was a verbal agreement for scaffold to be rent free for however long we needed it, Scaffolder said this to both the project manager and roofer. Today he has decreed that the whole scaffold will come down end of next week, in accordance with his company policy - no terms & conditions on the quote, and previously agreed scaffold in place for duration of the job. The scaffold has been paid for. The scaffold does not comply with the quote on 4 major points :1. no debris netting 2. no access to every lift (no ladder between first & second lifts) 3. no roof access at gutter level 4. no wheel for lifting heavy materials. Can we stop this man from accessing our property to remove scaffold before we are finished with it. Scaffolder also agreed to have scaffold up by 5th September it was finally up by 5th October, roofer and brick layer had to find other work in meantime. Buidling being worked on is large double 5 storey Victorian terrace divided into flats. Scaffolder delayed and delayed putting up scaffold on grounds he a fledgling company and struggling to get going although this was not mentioned at the outset and he gave impression he could honour his agreement to erect scaffold by the 5th September, weather permitting. There is a record and tenants know how many times the scaffolders were due but did not appear, for one excuse or another. Please advise if we can stop this man accessing our property. Our company for 10 years used a scaffold firm that closed, we now looking for new scaffolder hence falling prey to this person.

There is also the issue of the fit for purpose of this scaffold which due to the already delayed time frame and deteriorating weather we have not made an issue of and have managed to over come ie supplied own wheel own netting and small tower to reach roof.

Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What is it you want to achieve ?
Customer: replied 1 year ago.

I need to know if I can take action to stop this scaffolder taking down his scaffold which we have paid for. He did not either verbally or in writing tell us the scaffold was only up for a short time, he is now dictating his previously unknown terms of contract.

Can we stop him accessing our land before we have finished with his scaffold ?

Expert:  Ash replied 1 year ago.
Did you instruct the scaffolder direct?
Customer: replied 1 year ago.

yes !

Expert:  Ash replied 1 year ago.
Ok. If he is going to remove if you can get a solicitor to write and say he can't remove it. Or if you think this is more urgent and requires immediaate attention you can apply to the court for an injunction to stop him. You would need to complete form n208
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf
And n16a
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
The court will list the matter for hearing and decide whether to make an order preventing him removing it. If he breaks the order this is contempt of court and be could be warned, fined or sent to prison.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

If I fill out these forms, form n208 and n16a, how long does the court take to receive and act. The scaffolder is threatening to come along on the 21st October

Expert:  Ash replied 1 year ago.
You can get an emergency injunction within 24 hours
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.

I am disappointed I got a warning sign when I put in the data given for hmctsformfinder etc. I tried again through an independent web site and there was no form n208 or n016a not sure what I am doing wrong.

What do I have to do specifically to get a 24 hr injunction.

This is quite a stressful situation as we have two contractors working on this scaffold and I have been put in a difficult position with threats of scaffold being taken down against the verbal agreement from the scaffolder.

Expert:  Ash replied 1 year ago.
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf
And
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
When you take it to the county court for issue you tell them you need an emergency injunction.
Alex
Expert:  Ash replied 1 year ago.
Or you can pick up the forms from court and hand them in there,
Does that clarify?
Alex
Customer: replied 1 year ago.

Yes

I now have the forms and will go to the court in the morning, thank you.

One last thing: is it best to stick to the one fact that the scaffold has been paid for in full and the early striking is in breach of a verbal contract and we just want to prevent the scaffolder from accessing our property or can I include the fact that although the scaffold was paid for the written contract was breached and the scaffold was not erected as per the quote ie no netting, no wheel, no access to every lift and no access to gutter level of roof.

Expert:  Ash replied 1 year ago.
Yes I would stick to what has been said and agreed. Keep emotion out of it.
Can I clarify anything else for you about this today please?
Alex
Customer: replied 1 year ago.

Thank you that is all.

Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex