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Loft Conversion
Subcontractor refusing to remove scaffold until builder/customer has made payment.
Anonymous user 9 March 2024 - 2.54 PM
I commissioned work for a loft and rear extension. An amount was agreed and contracts signed.
However as we got closer to the delivery date, the builder notified me that there was not enough money to complete the work (he had spent the money) and the shortfall balance I would need to obtain if I wanted my work completed.
To add salt to injury, he has missed two completion dates, not all the work has been completed and I have just found out he has not paid the scaffolds, who are refusing to move the scaffold until payment has been made.
The builder is insisting he has no money and cannot pay.
Can I get someone to remove the scaffold? Where do I stand?
Are you a tradesperson and able to answer this question?
One way or another the scaffold needs to be removed. If I was you I'd pay the scaffolders direct to remove the scaffold and get a reciept then follow up through the small claims court to get reimbursed from the builders. I'd also sue the builders for breaking their contract and not finishing the job. You should never have paid the full fee up front. Any builder worth his salt should be able to carry out work as we all get 1 month to pay our accounts at the merchants. I apreciate that builders cant fund jobs but alarm bells should be ringing when they ask for money up front.
Straight to solicitors!
Try your local Citizen's Advice Centre or go direct to a solicitor.
If someone else moves the scaffold the scaffolders can claim all sorts of things from damage to theft and so on.
So you are best to leave it well alone unless it is unsafe. Then you need to inform the scaffolders to remove it or it will be removed due to danger, for which they will be responsible.
Hope that makes sense.
Regarding the scaffolding, I assume your contractor has a contract for that scaffolding with the scaffolding company not you ! So really its nothing to do with you, and its not your problem to deal with. At some point the scaffolding company will need payment for that set -up and that will need to come from your contractor. Do not be pressured by your contractor, he is trying his best to put you under pressure and make you pay him more money for the work he has mis-budgeted for, his problem. Look at your contract with him. Have you instigated any changes or variations ? If not what has caused the increased costs that your contractor points to. Again were these due to any changes or variations instructed by you ? You may have grounds to terminating the contract you have with your contractor, seek advice on how to affect this termination. You will then need another contractor to finish of the works possibly.
Best Wishes Lee Davidson (Davidson Architects)
