Builders stuff left behind

akist · 9 Jun 2021

A few months ago our main contractor/builder left and abandoned a lot of stuff on our property, power tools, equipment, portaloo, and skip etc. The builder was given two weeks to come and pick up their stuff but they never did, and that was a few months ago.

One item of main concern and the reason for posting here is that there is a significant size scaffold which was installed to prop up a side wall, after the roof was removed. This is still in place and it is structural as it is propping up a wall. I have looked but cannot identify to whom it belongs, there is nothing on it. Various scaffolders have come and (cheekily) asked to take it away with them once the build is complete, but I have denied as it is not mine to give to anyone.

However, one scaffolder has arrived today saying that he is unwilling to install further scaffold over or near this existing scaffold, because the owner may turn up at any time and start taking everything down, including new and old scaffolds.

Obviously this now becomes a great concern for me as removing this scaffold might result in damage to my house, since there is no roof to bind the house together yet. In addition I presume the builder has not paid the scaffolders their dues (as he has not paid anyone else) and they may start asking me fees.

I am not quite sure what to do now about this.. Any advice is welcome on this matter.

Notch7 · 9 Jun 2021

I suppose you could try another scaffolder?

^woody^ · 9 Jun 2021

Or you could try not letting anyone take any scaffold away.

motorbiking · 9 Jun 2021

There are several aspects here.
The legal position is you have to follow the process defined in the Torts (interference with Goods) Act 1977 to serve the proper notices. Section 12 covers your obligations as Bailee. I’m assuming you have no contract with the 3rd party (scaffolder).

https://www.legislation.gov.uk/ukpga/1977/32

once you’ve done that and obtained the legal right to dispose, you can negotiate with the new builder as you see fit.

Harry Bloomfield · 9 Jun 2021

akist said:
Obviously this now becomes a great concern for me as removing this scaffold might result in damage to my house, since there is no roof to bind the house together yet. In addition I presume the builder has not paid the scaffolders their dues (as he has not paid anyone else) and they may start asking me fees.

The scaffolder's contract is with the builder, they cannot ask you for fees - they can though remove it, at which point you ought to start to pay their fees.

Harry Bloomfield · 9 Jun 2021

Skips usually have a suppliers name on them, likewise rented power tools, portaloos - maybe give them a ring and explain the situation? Scaffold companies sometimes mark their equipment with rings of coloured paint, maybe another scaffolder could identify the owners?

blup · 9 Jun 2021

Hire a new scaffold company to add what you need and replace the existing, you will have problems if the actual owner removes it and causes the wall to move or worse.

Then store it pending collection by, or identification of, its owner. A neighbour will have seen the lorry dropping it off, if necessary contact all the local firms you can.

It's in your interests for the scaffolding to be dismantled now and stored pending identification of the owner. No need for expensive lawyers. If things go wrong it shouldn't have to cost you more than the scaffolding does new.

Blup

^woody^ · 9 Jun 2021

Err, the scaffold is propping up the wall. No-one should be talking about removing it or swapping it

And the scaffold firm can't just come and take it away either.

charliegolf · 9 Jun 2021

Without an agreement confirming that you, the client, are responsible for the contractor's stuff, why can't you place it at the back of the pavement outside? With a sign saying, 'Property of Bodge-it and Scarper Ltd, Do not touch!'

cdbe · 9 Jun 2021

Have a look on the tubes, my collection (bought and paid for) is stamped "property of MGS scaffolding ltd" or "stolen from high peak scaffolding ltd".

Otherwise, measure it up and buy some more (tube is about £1/foot and clips £1-1.50 each - ring your local firms and you'll find one that buys and sells it). Pile it all up ready in case anyone comes for it and you can explain that you've replaced theirs with yours. They'll probably just be glad to get it back as their contract is with the absent builder.

You can sell off "yours" at the end of the job and get your money back.

motorbiking · 9 Jun 2021

charliegolf said:
Without an agreement confirming that you, the client, are responsible for the contractor's stuff, why can't you place it at the back of the pavement outside? With a sign saying, 'Property of Bodge-it and Scarper Ltd, Do not touch!'

Because that’s a wrongful interference with the goods. If you haven’t first properly notified the person. You can’t just chuck someone’s property off your land. It’s not the scaffolding company who’s walked off site.

^woody^ · 9 Jun 2021

motorbiking said:
You can’t just chuck someone’s property off your land.

Can't you?

Farmer uses forklift to move a car after it blocked access - 'destroying' it in process - Mirror Online

motorbiking · 9 Jun 2021

Yep definitely can’t go around doing that.
Probably dangerous driving and criminal damage not to mention the damages claim

blup · 9 Jun 2021

The design of scaffolding must include situations where existing structural scaffold is being repla ced. Don’t forget the Council has a duty to deal with dangerous structures and may (should) be willing to take a look and informally advise.

Blup

charliegolf · 9 Jun 2021

motorbiking said:
Because that’s a wrongful interference with the goods. If you haven’t first properly notified the person. You can’t just chuck someone’s property off your land. It’s not the scaffolding company who’s walked off site.

Fair point, but I was referring to the contractor's tools n stuff.

Builders stuff left behind

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