has this happend to you

I wouldnt care but they are local to us and could have phoned let us know we would never do it cos it really is unprofessional, they have no idea why it was still up or the problems they have now caused
 
Assuming you have a contract in place with the client (Their agreement to spec and price) you charge the full amount of the quotation as is your legal right. NOW, send a letter saying that they have allowed another company (without your knowledge or consent) to dismantle and remove the equipment to which the do not have 'title'. Include an invoice of the materials charged out at new rates, and give them 7 days to pay for or to replace the materials. I would hope by now the client responds amicably. If no payment or material is forthcoming then issue a county court summons for the balance and costs online.
The other company needs to have a talking too also - they have not broken any laws in their actions though.
 
What would of happened if one of the scaffolders striking it had an accident? Who would be liable? Don't mess with other peoples gear & everyone should be happy
 
benjo0211 said:
Depends how long they've been asking for it to be dismantled
Click to expand...

Friday last week they asked and we told them that we hadnt been paid for that and a lot more We Have been able to talk with the other scaffold company who are very apologetic and its no surprise that they too are having problems with payment from this dodgy building firm
 
Why would you take another firms job down if the same builder aint paid you , we have been asked a few times to take someone else job down , but have always point blank refused, as i would not be a happy bunny if i seen someone else taking my job down.
 
Same as phil -Although not technically illegal -its an immoral work practice & one that we shun away from.
but tbh i'd have gone & done the strike presto as i'd rather have my gear back in the racks ready to earn again...but would av taken loads of photos for the upcoming CCJ that i would be issuing them.
bad payments & practice liks this are often a precurser to the calling in the recievers
 
could of been worse they could of taken the gear. least it was a scaff firm that stripped it i whent ot a job we had put up on a farm to strip it and they had allready stripped it 2 20 together still with brace left on i dont know how the fek the got it out the barn like that but they did and the rest of it well was like a bag of ships every wear lol
 
Have you spoken to the owner of the other firm? It could have been some smart arse site manager taking advantage of a gullible young un, telling him to strip it.
Double wide some of these c@nts.
 
The blame lies with the building company, you have entered into a "Construction contract" with them and as such you have loads of rights under the HGCR. If you're having trouble getting paid mention section 110 and 111 of the act and remind them of their obligation to you. As for other scaffolders working on another companies scaffolds, its not right but as long as they are competent the site has insurance in place to cover workers of whatever sort working on scaffolding.

http://www.legislation.gov.uk/ukpga/1996/53/contents
 
stonedrose1 said:
Have you spoken to the owner of the other firm? It could have been some smart arse site manager taking advantage of a gullible young un, telling him to strip it.
Double wide some of these c@nts.
Click to expand...

we did and the guy was sound a mistake he wont make again first time he'd worked for this firm the poor guy had been contacted while he was off work and not up to parr he swallowed the bull they fed him and did them a favor

---------- Post added at 09:15 AM ---------- Previous post was at 09:07 AM ----------
dangeruss said:
The blame lies with the building company, you have entered into a "Construction contract" with them and as such you have loads of rights under the HGCR. If you're having trouble getting paid mention section 110 and 111 of the act and remind them of their obligation to you. As for other scaffolders working on another companies scaffolds, its not right but as long as they are competent the site has insurance in place to cover workers of whatever sort working on scaffolding.

Housing Grants, Construction and Regeneration Act 1996
Click to expand...

thanks for this info very very helpful
 
There were some subtle changes to the Housing grants construction and regeneration act 1996 bought in in 2011 which affect sections 110 and 111. But If you have not been issued with a 'pay less notice' by the contractor within 5 days of the date of final payment then all your invoices are deemed accepted by the contractor and will be payable in law as Clause 4.8 of the 'Local Democracy, Economic Development and Construction Act 2009'
Section 111 allows their non payment if either the contractor or his client goes bust.
 
Sorry to hear of your plight Mitchells. I was only really asked once to strike someone else's gear and they were from the other side of the country. All I did was call their office to let them know what their client was thinking. I hope the advice you are getting is correct, I'm in court in June with one bunch of torags and if all the advice so far is correct, I'm on a winner.;)
 
aom said:
Sorry to hear of your plight Mitchells. I was only really asked once to strike someone else's gear and they were from the other side of the country. All I did was call their office to let them know what their client was thinking. I hope the advice you are getting is correct, I'm in court in June with one bunch of torags and if all the advice so far is correct, I'm on a winner.;)
Click to expand...
Smart arse construction company surveyors don't expect scaffolders to know about legislation or rights. The HGCRA was brought in to try and stop "Pay when paid" contracts as it crippled the small company, put them into administration and allowed the main contractor to end up getting away with bankrupting his suppliers.

If you're in a construction contract, you're entitled to stage payments, a date for those payments, and a reason why if you don't receive them. If not the payment is due, plain and simples. Binthere is right, the act was overhauled in 2011 but its still basically the same with the onus on correct payment for the sub contractor.

I'm surprised you're going to court though, arbitration is usually the first step to recover money owed?

One thing to remember, you have a right to withhold hold your labour if you haven't been paid, but you must give seven days notice prior to this ( section 112 ), very important or you could get hit for contra charges for holding up the progress of the job etc
 
Last edited:
I was lead to believe that if you advised the client that you are withdrawing your labour due to non-payment, and followed all the correct procedure, if they got someone else in to strike your job, you could have them prosecuted for criminal damage with intent to endange r life - this was from a very respected surveyor in the scaffolding industry.
 
I don't think that's right Gunslinger as criminal damage and intent to danger life comes under criminal law and carries a punitive punishment sentence. The non payment of a contractor comes under civil law as its a dispute between two parties and there is no punitive punishment, just compensation.

Unauthorised adaptions to scaffolding by unqualified operatives can lead to criminal prosecutions under the HASWA section 7 though if somebody is injured.
 
You must log in or register to reply here.
Top Bottom