Legal way to get rid of scaffolding?
Discussion
So, back in December (the 14th to be exact), I had a company turn up subcontracted by the business I was buying my solar PV install from, they arrived in a nondescript white Transit tipper, with no way of identifying who they were.
The solar company turn up on the 15th, complete the installation, and leave, the next day I get my invoice and paperwork for the installation and it’s warranties etc.
We are now a month and a half later, and no amount of email or phone call seems to result in any action from anyone to actually remove the scaffolding. I’ve had numerous broken promises of removal, and numerous broken promises of a call back, but nothing is working.
I want it gone now, it’s an eyesore, and it’s going to impact my ability to sort the garden ready for spring, I can’t let the kids (5 and 2) outside as it’s a trip and bang hazard, and I’m sure the neighbours love the look as well.
What can I legally do? I have no idea who the legal owners of the scaffolding are, as I’ve only got contact details for the solar outfit, they weren’t forthcoming with details, and I have no idea if the message is being passed to them and not acted on, or the message is simply never getting through.
I could easily “alert” the local travelling Irish that there’s a pile of “scrap” metal round the back, but clearly this isn’t ethical or legal (I don’t believe). I could also find a local scaffolding company who wouldn’t mind a free setup, but again it’s not mine to get rid of. I’ve thought about simply charging for its storage in the hope that the threat of financial loss will drive someone to action, but I’d have little to no chance of getting any contractual agreement, so would be fruitless?
What else can I do?
The solar company turn up on the 15th, complete the installation, and leave, the next day I get my invoice and paperwork for the installation and it’s warranties etc.
We are now a month and a half later, and no amount of email or phone call seems to result in any action from anyone to actually remove the scaffolding. I’ve had numerous broken promises of removal, and numerous broken promises of a call back, but nothing is working.
I want it gone now, it’s an eyesore, and it’s going to impact my ability to sort the garden ready for spring, I can’t let the kids (5 and 2) outside as it’s a trip and bang hazard, and I’m sure the neighbours love the look as well.
What can I legally do? I have no idea who the legal owners of the scaffolding are, as I’ve only got contact details for the solar outfit, they weren’t forthcoming with details, and I have no idea if the message is being passed to them and not acted on, or the message is simply never getting through.
I could easily “alert” the local travelling Irish that there’s a pile of “scrap” metal round the back, but clearly this isn’t ethical or legal (I don’t believe). I could also find a local scaffolding company who wouldn’t mind a free setup, but again it’s not mine to get rid of. I’ve thought about simply charging for its storage in the hope that the threat of financial loss will drive someone to action, but I’d have little to no chance of getting any contractual agreement, so would be fruitless?
What else can I do?
Scaffolders like to use properties as storage and that's likely to be what's happening to you. It's far more convenient for them to take it down and go straight to the next job with it than take it down and store it in their yard. As stated, go to the solar company. It's not worth upsetting the scaffolders yourself unless you are happy with the risk of damage to your property when they take it down or even a physical scrap. It shouldn't be so, like their seeming immunity from needing to use safety gear on site or follow site rules, but it's the reality of dealing with a significant number of them.
98elise said:
Your contract is with the Solar Company. Tell them you want it moving in a weeks time or you will dispose of it. Its down to them to organise it with their sub contractor.
Don't pay the bill until the scafolding is gone.
I’ve unfortunately already paid, I did with-hold payment for over a month, but that was due to lack of access to the monitoring application, which they did, eventually, deliver.Don't pay the bill until the scafolding is gone.
I have already tried the “remove by the end of the week or i’ll dispose of it myself” method, that was this week, and clearly it’s still here.
What colour is it marked with, you may find the owners via that investigation as most local firms colour code their stuff.
If not ring a local small company, take it down and you can have it free.
When the rightful owners arrive simply say your other team must have come and taken it while I was at work.
Depends on your appetite for a stand off with a gang of scaffolders (usually the nuttiest of trades including roofers).
If not ring a local small company, take it down and you can have it free.
When the rightful owners arrive simply say your other team must have come and taken it while I was at work.
Depends on your appetite for a stand off with a gang of scaffolders (usually the nuttiest of trades including roofers).
Letter to whoever you paid setting out the situation and charging them £10 per day storage costs. Follow up with regular phone calls. Trip to their premises to complain to the boss etc.
You're not being unreasonable in the slightest to want it gone.
Legally, you're in a position of an "involuntary bailee" so have to take care of the items. There is a method under the Torts Interference with Goods Act where you can serve notice and lawfully sell the items. See below.
see - https://www.stephens-scown.co.uk/commercial-proper...
Pain in the arse but from what I gather, not unusual with scaffolding.
REIOTW on the other hand gave us another laugh on a similar issue - https://www.pistonheads.com/gassing/topic.asp?h=0&...
You're not being unreasonable in the slightest to want it gone.
Legally, you're in a position of an "involuntary bailee" so have to take care of the items. There is a method under the Torts Interference with Goods Act where you can serve notice and lawfully sell the items. See below.
see - https://www.stephens-scown.co.uk/commercial-proper...
Pain in the arse but from what I gather, not unusual with scaffolding.
REIOTW on the other hand gave us another laugh on a similar issue - https://www.pistonheads.com/gassing/topic.asp?h=0&...
Pica-Pica said:
As said, scaffolders use households as ‘storage’ between jobs. I don’t believe a contract exists between the householder and the scaffolder. AFAIK scaffolding has to have the scaffolding firms name attached. Contact your council if it is not.
Scaffold tags are not a legal requirement.https://www.hse.gov.uk/construction/faq-scaffold.h...
The council won’t be able to assist as it’s not their business to tidy up after contractors.
OP Your contract is with the solar company so it is them that you need to be pressurising to resolve this.
You could suggest to the solar company that if the scaffolding is still there in 14 days time you will make sure you give them shocking but factually correct reviews on every possible internet site, warning Joe and Josephine public what happens if they use this company. Bad publicity on the internet is hard to remove.....
As said above, your contract is with the solar company (energy efficient cowboys) rather than with the scaffolders (cheeky cowboys)
As said above, your contract is with the solar company (energy efficient cowboys) rather than with the scaffolders (cheeky cowboys)
Unreal said:
Scaffolders like to use properties as storage and that's likely to be what's happening to you. It's far more convenient for them to take it down and go straight to the next job with it than take it down and store it in their yard. As stated, go to the solar company. It's not worth upsetting the scaffolders yourself unless you are happy with the risk of damage to your property when they take it down or even a physical scrap. It shouldn't be so, like their seeming immunity from needing to use safety gear on site or follow site rules, but it's the reality of dealing with a significant number of them.
100% all of this, based on experience.It should be down to the solar company to get it removed.
Send them a firm but polite email asking them again and say 5 days from today but don’t give any indication of what you will then do.
Scaffolders are indeed “interesting “so I wouldn’t try and dismantle yourself or indeed ask your local mobile tarmaccers to do so either.
Send them a firm but polite email asking them again and say 5 days from today but don’t give any indication of what you will then do.
Scaffolders are indeed “interesting “so I wouldn’t try and dismantle yourself or indeed ask your local mobile tarmaccers to do so either.
smokey mow said:
Pica-Pica said:
As said, scaffolders use households as ‘storage’ between jobs. I don’t believe a contract exists between the householder and the scaffolder. AFAIK scaffolding has to have the scaffolding firms name attached. Contact your council if it is not.
Scaffold tags are not a legal requirement.https://www.hse.gov.uk/construction/faq-scaffold.h...
The council won’t be able to assist as it’s not their business to tidy up after contractors.
OP Your contract is with the solar company so it is them that you need to be pressurising to resolve this.
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