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Scaffolder dispute - need some legal advice

9 replies

cupcakesgalore · 27/10/2008 13:02

Our scaffolder has put up some scaffolding for which we paid him cash in hand. He put up further scaffolding so we can access the roof and wanted £700, which we agreed to pay. we then discovered there's a hole in our lead dormer window roof caused by his scaffolding pole. To cut a long story short he's been really abusive and threatening because we raised this with him. He's in the process of dismantling his scaffolding. However, i've been told that he may leave enough scaffolding so that noone else can scaffold, but not enough to allow us to access the roof. We think he's doing this because he wants his £700 which we're refusing to pay in full right now. we offered half now, half on completion of the job and a letter signed promising that, to hopefully reassure him we're good for the money. We always pay promptly though in cash. He refused to accept this and said he'd remove his scaffolding. we said, ok.

i guess what i'm wondering is, if he leaves us in a psotion where he won't remove his scaffolding unless we pay up, what can we do about it. what legal steps can we take.

OP posts:
WhizzzingAroundOnABroomstick · 27/10/2008 13:04

Take photos quick before he takes anything else down.

WhizzzingAroundOnABroomstick · 27/10/2008 13:06

Is the scaffolding done to the recommeneded leagal standard ? info \link{http://www.hse.gov.uk/pubns/heightsafeleaflet.pdf\here} about how it SHOULD be done

WhizzzingAroundOnABroomstick · 27/10/2008 13:06

sorry here

cupcakesgalore · 27/10/2008 13:39

thaks whizzing, I'll take some pics. Seems to have been done ok but not H&S expert. Painters have workled happily on it. I'm assuming a partial dismantling wouldn't affect the safety of the structure? the top layer has gone (3 storey building) all around but no more. what I wonder is who weshould we contact for advice - apart from yur goodselves! can we get it dismantled if he refuses to remove it uness we pay? I'm guessing not and that there'll be lots of lega stuff about ownership etc.

OP posts:
WhizzzingAroundOnABroomstick · 27/10/2008 13:43

You could try the CAB. I'm no legal expert but if his carelessness (negligence) has caused one of his scaffolding poles to break your window, then he shoudl really contribute or pay in full for its replacement.

nannyL · 27/10/2008 18:10

surely he will be insured to cover the cost of the window that he has broken?

are you sure he broke it?

cupcakesgalore · 28/10/2008 13:34

He put a hole in the lead roof not the window - although, incidentally, he also broke one of those earlier in the year. the lead work will cost £500 and it is clearly the scaffolding pole that cuased it - unless something perfectly round with the exact same diameter pierced a lead roof on the third storey.

I found out last night he is known for taking scaffolding down half way through a job if you don't do what he wants but doesn't totally dismantle. Leaves just enough to prevent new scaffolding from going up and not enough to reach high up. trading standards says we can charge him for storage of his goods on our property if he leaves it like this for an unreasonble period of time. Another scaffolder has offered to dismantle it for us for £50, and leave it for him to collect on our driveway. I think we won't do this as it is his prooperty and prob. illegal and he could claim it has been damaged. However, it is deeply frustrating because our builder is due to start on the roof on Mon. but can't bwecause the roof is inaccessible but scaffolding still partially there. He also has the cheek to leave his advertising board up and to ask me to make him tea whilst taking it down, after being hugerly abusive and threatening the prev. night.

OP posts:
yomellamoHelly · 28/10/2008 13:56

Maybe a bit vindictive, but looks like you've started down that route anyway. Is it worth reporting him to tax office if he's receiving cash in hand saying you suspect not all his income goes through his books?

WhizzzingAroundOnABroomstick · 28/10/2008 19:45

sounds to me as thought he has no insurance otherwise he wouldn't be so cagey about the costs of the damage?? Very dodgy indeed doing something like scaffolding with no insurance

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