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Has this caused any specific financial loss?
Yes, I understand.
Is it anticipated that it will cause loss, by delaying other works maybe?
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?
Yes, but you obviously need to warn them first.
But yes, you are right.
All the best.
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