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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61099
Experience:  Qualified Solicitor
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I run a building company and subcontract my scaffolding

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I run a building company and subcontract my scaffolding requirements to a scaffold company. I have scaffolding on 3 sites which I have been asking them to remove for weeks but despite many promises they never turn up. The scaffolding is now causing delays to our work and I am also being charged a penalty by one client for every week it remains. If I cnt get the scaffolders to remove it, what are my rights. Can I get another company to take it down for free if they keep the scaffolding or do you have any suggestions ?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No, only verbal threats but they haven't worked
JA: Where is the property located?
Customer: 3 different properties, all in south west london
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I think that's all they will need

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

Have they provided any reason at all for not removing the scaffolding as instructed?

Customer: replied 7 days ago.
just excuses such as I've been ill or i'm stuck on anthother job. They then always promise to be there on another day when that day comes they don't come and there are more excuses

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. Whilst the scaffolding will be the company’s property and you can not just dispose of it, you could remove it yourself, or getting someone else to do it, then store it for a period of time and allow the owners to collect it, before consider your options. In the end, if you have given them clear notices to collect their equipment and advised them of what would happen if they don’t and set a clear deadline, you can proceed with potentially disposing of it eventually.

 

As a plan of action I recommend the following:

· Give them a week or so to voluntarily remove the scaffolding themselves

· Advise if they do not do so you would remove it yourself or get someone else to do it and charge them these costs

· Once the scaffolding has been removed, securely store it somewhere and give them a month’s notice to collect them, advising them that if they fail to do so you reserve your rights to dispose of it.

· If you make a profit from disposing of it, you should forward that to them, less any expenses incurred by you in the process, such as the fines or removals costs.

 

Does this answer your query?

Customer: replied 7 days ago.
Thank you. I may come back to instruct you to write to them on my behalf as they are more likely to take it down if the letter is from a solicitor. Would you do this and what would you charge ?

Sadly we cannot do this as we are just an online Q&A service so you would have to instruct someone locally to take it further for you

Customer: replied 7 days ago.
Ok thanks for your help

All the best

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