Bit of advice please

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Shag

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We erected a scaffold to the rear of a property whereby the material had to be walked through lower and upper flat and therefore both residents have to be in to have any sort of access. The sub contractor we was doing the work for has now gone bust, therefore we have not been paid for this job and a number of others. The job has been up for a number of months which is again a loss of money. We are trying to arrange access with the tenants to get job down, but I have a feeling the main contractor is trying to get another subby in to do the works that need carrying out, without any type of payment towards us. So the new subby is essentially having a scaffold for nothing.
Any ideas on how we stand legally on this surely, someone should pay for the use of it and is it legal for another party to use the scaffold if the contract wasn't made with them?
Any comments would be much appreciated.
 
You would need to make direct contact with the Main Contractor and try and come to an arrangement.
If this fails I would suggest you should get a solicitors letter informing the MC that you would like to reposes your scaffold equipment and that you have withdrawn your insurance cover for its unauthorized use.
 
Invoice the main contractor for the full cost of your material, he has denied you access to your own material. (there could even be a case for theft) As mentioned by Alan, send a letter pointing out there is no longer Insurance cover for the Scaffold or any person working from it

You could follow this up with a letter of intent, pointing out that if the full amount is not paid within 28 days that you will take him to a County Court,to claim for your losses

If judgement is in your favour, and they still do not pay, you could issue a winding up notice on the main contractors Company.

The main contractor will no doubt, be holding back payments to the sub-contractor you are dealing with.
 
lol,who ya gonna take a baseball bat to. are ya not talking to the busted subby, thats who owes you. I'de take it on the chin and strike it.
 
Or you could simple blind the tenants with science, on the duty of statutory scaffold inspection, and you believe the scaffold could be unsafe after the weather we've had, look at the job do some headshaking and take the boards of till some t@@t pays.
 
@ Scafftron…perfect advise, bolstered with a call to the HSE to report out of compliance Structure, by the time you finished with the Tenants they be punting the gear out for you just to get rid of the Job :eek:
 
Sorry shag, legally you're fecked
Ask the MC if he wants to carry on the hire
If not strip the fecker quick like and scarper[emoji87]


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