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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22850
Experience:  Senior Partner at Berkson Wallace
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A scaffolder has erected some scaffold as part of agreed

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A scaffolder has erected some scaffold as part of agreed contract. He now wants to take it down earlier than the agreed time. Can I stop him coming on my land to do this?
Assistant: What steps has he taken so far? Has he prepared or filed any paperwork?
Customer: He sent a quote, this was agreed for 12 weeks hire. He want to take it down after 10 and is demanding more money from me.
Assistant: Where is the land located?
Customer: Bosham, West Sussex. It is my personal land I’m building a house in the garden
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No

 

This seems remarkably odd because I have known scaffolders leave the scaffolding up long after the appointed time and the reason for that is that it means they don’t have to store it!

 

If it’s 12 week hire then it is 12 weeks.

 

You cannot physically stop him and trespass is a civil matter so your remedy would be an application to court for an injunction to stop him coming on your land.

 

I don’t know on what basis he wants more money if it was a 12 week period.

 

Quicker and easier is to pay the extra couple of weeks money under duress/mistake and then at the end of the 12 weeks, taking to the Small Claims Court to get the money back from him.

 

Much more straightforward than an application for an injunction to prevent him coming on the land although the application for injunction, you should get the legal costs back the legal costs are going to be far more than a Small Claims Court application.

 

2 ways of doing it, entirely up to you which you prefer.

 

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Kind regards

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