ᐅ Scaffolding contractor refuses to dismantle the scaffolding. What can you do?
Created on: 28 Jan 2011 11:30
S
SchnappiHello,
I have the following problem with my new build: According to the scaffolder, the developer has not paid all invoices. The exterior plastering is now finished, and I want the scaffolding removed. The scaffolder refuses to dismantle the scaffolding until the outstanding payments are settled.
In my assessment, the developer is close to insolvency. I do not expect any payments to be made to the scaffolder. Communication with the developer has been impossible for months. The land on which the building was constructed is my property.
Can I request the scaffolder to remove the scaffolding from my property with a notice period of 14 days? If nothing happens after that, I plan to threaten to dispose of the scaffolding myself.
I would appreciate any advice on how I can or am allowed to proceed to get the scaffolding removed.
I have the following problem with my new build: According to the scaffolder, the developer has not paid all invoices. The exterior plastering is now finished, and I want the scaffolding removed. The scaffolder refuses to dismantle the scaffolding until the outstanding payments are settled.
In my assessment, the developer is close to insolvency. I do not expect any payments to be made to the scaffolder. Communication with the developer has been impossible for months. The land on which the building was constructed is my property.
Can I request the scaffolder to remove the scaffolding from my property with a notice period of 14 days? If nothing happens after that, I plan to threaten to dispose of the scaffolding myself.
I would appreciate any advice on how I can or am allowed to proceed to get the scaffolding removed.
B
Bauexperte29 Jan 2011 09:12Hello,
You have commissioned your builder, which most likely grants them the right to control the construction site; this right is "shared" with various contractors, including the facade and/or scaffolding company.
The scaffolding costs the facade contractor money every day, especially if they could be using it more profitably on other projects. Try to speak with the facade contractor again and point out this circumstance. It probably will not affect you much if the scaffolding remains a bit longer, so you can likely wait this situation out without any cost to you. Without legal advice, I would not recommend taking matters into your own hands with the scaffolding.
Kind regards
Schnappi schrieb:
...Can I demand that the scaffolding company remove the scaffolding from my property within 14 days? If nothing happens after that, I will threaten to dispose of the scaffolding myself.
You have commissioned your builder, which most likely grants them the right to control the construction site; this right is "shared" with various contractors, including the facade and/or scaffolding company.
The scaffolding costs the facade contractor money every day, especially if they could be using it more profitably on other projects. Try to speak with the facade contractor again and point out this circumstance. It probably will not affect you much if the scaffolding remains a bit longer, so you can likely wait this situation out without any cost to you. Without legal advice, I would not recommend taking matters into your own hands with the scaffolding.
Kind regards
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