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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 78045
Experience:  Over 5 years in practice
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Scaffolder has proven to be quite a cowboy and unreliable.

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Scaffolder has proven to be quite a cowboy and unreliable. It took him 4 weeks instead of 4 days to put up . Now it's time to remove it he has not kept to deadline set. I would like to send solicitors letter telling him will start charging storage cost daily. Is that correct coarse of action and how much would it cost? Thanks
JA: The Expert's answer will cost $10 to $100, depending on the issue type and time to respond. You'll see the exact amount on the next page and can decide then. It's way less expensive and more convenient than any face-to-face visit. Where is the cowboy? It matters because laws vary by location.
Customer: I am in UK so would like UK based solicitor response
JA: What steps has the cowboy taken so far?
Customer: In relation to what? When I told him my plan he threatened me to smash my windows!
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Well not sure if relevant but after 8 weeks he forced me to pay an additional 1200 pounds to keep it for another month ending end of may. Even though there was no 8 weeks period mentioned whatsoever at the outset.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Has this caused any specific financial loss?

Customer: replied 2 months ago.
Not yet. It is obviously a nuisance and in the way of continuing building works

Yes, I understand.

Is it anticipated that it will cause loss, by delaying other works maybe?

Customer: replied 2 months ago.
It may do if delays excessively as he is able to do as was proven from putting it up. My main issue right now is I want and need it down and perhaps only way to achieve that is to charge daily storage cost of say £200 which I understand I am entitled to.

Thank you.

Scaffolders very often leave scaffolding up in place long after the time when it is supposed to be removed. That’s because it’s free storage.
I had a client once who had the scaffolding up for about four months beyond the time. As it happened it suited the client because she got a whole load of other work done on the property while the scaffolding was up.
It was eventually removed and a few weeks later, the scaffolding firm was in court for theft- of scaffolding! They were leaving scaffolding on buildings all over the place which was stolen! The only reason I was involved was getting removed. There was no criminal element.
You don’t have a contractual claim for storage because they haven’t agreed it. You do have a claim however in nuisance.

Having said that, it wouldn’t stop me telling them that they have until a particular date to remove the scaffolding failing which you will charge them a reasonable amount of money everyday (it cannot be a punitive amount) and you would take them to the Small Claims Court for that money if necessary.
Alternative, and probably better is to tell them that you will have another firm remove the scaffolding, deliver the scaffolding to the original scaffolders yard and you will seek the costs of that work from them through the Small Claims Court.
You would not recover GBP200 per day because that’s punitive. You might get 10 quid per day

Sorry if that is bad news.

Can I clarify anything for you?

Jo

Customer: replied 2 months ago.
Thanks for that. So i take it that if I get another firm to do it I should be able to recover that cost?

Yes, but you obviously need to warn them first.

But yes, you are right.

Customer: replied 2 months ago.
Ok. Thanks very much for your help

No problem.

All the best.

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