1. Introduction
Scaffolding is high-risk work that requires careful planning, safety compliance, and clear agreements between scaffolders and their clients. Having proper terms of business for scaffolders UK is essential to prevent disputes, clarify responsibilities, and protect both parties legally.
2. Why Scaffolders Need Terms of Business
Well-drafted terms of business help scaffolders:
- Set clear expectations with clients.
- Protect against unpaid invoices.
- Limit liability for delays or accidents.
- Comply with UK health and safety laws.
- Avoid costly disputes over hire periods or extra charges.
3. Legal Framework for Scaffolders in the UK
Scaffolding services are governed by:
- Work at Height Regulations 2005 – scaffolders must follow strict safety standards.
- Consumer Rights Act 2015 – services must be carried out with reasonable skill and care.
- Construction (Design and Management) Regulations 2015 (CDM) – sets out duties for contractors and clients.
- Contract law – terms of business form a binding agreement once accepted.
4. Key Clauses in Scaffolder Terms of Business
A comprehensive set of terms should include:
- Parties involved – names of the scaffolding company and client.
- Scope of services – design, erection, inspection, maintenance, dismantling.
- Hire period – start and end dates, with rules for extensions.
- Payment terms – deposit, balance, late fees, and VAT details.
- Health & safety compliance – responsibility for risk assessments, site safety, and inspections.
- Insurance – confirmation of public liability and employer’s liability cover.
- Access and permissions – including licences for scaffolding on highways or pavements.
- Liability limits – for delays, weather conditions, or third-party interference.
- Client responsibilities – providing safe site access, securing licences (if required), and notifying neighbours.
- Termination clause – conditions for ending the contract early.
- Dispute resolution – mediation, arbitration, or court jurisdiction.
5. Payment Disputes and Protection
Clear terms should specify:
- Whether a deposit is required.
- When stage payments are due.
- Interest or charges for late payment.
- Rights to suspend work or remove scaffolding if payment is not made.
6. Health and Safety Obligations
Under UK law, scaffolders must:
- Provide scaffolding that is safe and fit for purpose.
- Carry out inspections every 7 days and after adverse weather.
- Ensure only trained professionals erect or dismantle scaffolding.
Failure to comply could result in criminal liability and civil claims.
7. Insurance and Risk Allocation
Terms of business should confirm:
- The scaffolder’s public liability insurance (typically £5m or more).
- The client’s responsibility for site conditions.
- Who bears the risk for theft or damage to scaffolding equipment.
8. Extending or Delaying Scaffolding Hire
- Contracts should state daily or weekly hire rates beyond the agreed period.
- Extensions must be agreed in writing.
- Scaffolders should clarify whether delays caused by the client are chargeable.
9. Dispute Resolution
- Most disputes arise over extra charges, delays, or safety issues.
- Terms should require written notice of disputes.
- Mediation or adjudication may be required before legal action.
10. Protecting Scaffolders and Clients
For scaffolders:
- Use a written contract before starting work.
- Keep copies of inspection records.
- Clearly explain extra costs for delayed removal.
For clients:
- Request proof of insurance.
- Insist on clear timelines and written pricing.
- Keep all communication in writing.
Frequently Asked Questions
1. Are written terms of business legally required for scaffolders?
Not strictly, but without them disputes are harder to resolve. Written contracts are strongly recommended.
2. Can scaffolders charge extra if scaffolding is left up longer?
Yes, if stated in the terms of business. Otherwise, charges may be disputed.
3. Who is responsible for safety – client or scaffolder?
The scaffolder must provide safe scaffolding, but the client must ensure safe site conditions.
4. Do scaffolders need insurance?
Yes, public liability insurance is essential, and employers’ liability insurance is required if staff are employed.
5. What if scaffolding blocks public roads or pavements?
A council licence is required, and this should be addressed in the terms.
6. Can disputes be taken to the Small Claims Court?
Yes, for amounts under £10,000, such as unpaid invoices or overcharges.
Conclusion
Clear terms of business for scaffolders UK protect both scaffolders and clients, ensuring safe, fair, and professional working relationships. By including details on services, payment, safety, liability, and dispute resolution, scaffolders can reduce risk, while clients can be confident in what they are paying for.