Who Should Pay When Scaffolding Stays Up Longer Than Agreed?

Ask any scaffolder about their least favourite phone call and overrunning jobs will be near the top of the list. The scaffold was quoted for four weeks, the builder is still on site at week nine, and nobody wants the extra hire on their invoice.

It affects everyone in the chain: the scaffolding firm, the main contractor and the homeowner paying for the work. This is how we see it, based on how scaffold hire works in the UK and on our own jobs across Sussex.

Why scaffolds overrun

Jobs rarely overrun because of the scaffold itself. The usual causes are further down the programme:

• Weather: roofers and renderers lose days to rain and wind, especially on exposed coastal sites.
• Scope changes: a roof is stripped and the timbers underneath need replacing, or the client adds work halfway through.
• Trades running late: one late trade pushes every trade behind it.
• Waiting on others: building control, a structural engineer, materials or a planning question.
• Payment disputes: work stops while the client and builder sort out money.

Very few of these are the scaffolder's fault. But the scaffold is the thing still standing, so the scaffolder's invoice is often what starts the argument.

What actually decides who pays

There is no law that sets a standard hire period or says who must pay for extra weeks. It comes down to what the parties agreed.

The extra costs nobody budgets for

Extended hire is not the only cost of a scaffold staying up longer. A few others come with it:

• Pavement licences: a scaffold on or over the highway needs a licence under section 169 of the Highways Act 1980, granted for a fixed period. If the job overruns, the licence has to be extended as well. Our permits guide explains how this works in Sussex.
• Inspections: under the Work at Height Regulations 2005, a scaffold in use must be inspected at least every seven days. More weeks means more inspections.
• Security: a scaffold standing over more weekends is a longer target for intruders. A scaffold alarm is worth considering on long jobs.
• Adaptations: as a job changes, lifts may need moving or boards adding, which is charged separately.

Our view: fair to everyone

We think the fair position is simple. Whoever controls the programme should carry the cost of it running over, and everyone should know the rate before the job starts. A scaffolder should not be expected to leave equipment on site for free, and a homeowner should never be surprised by a bill they did not know was coming.

In practice, that means:

• The hire period and extended hire rate are written on every quote.
• Builders show that rate clearly in their own price to the client.
• The scaffolder is told before the hire period ends, not after.
• The scaffolder gives notice when the hire period is coming to an end.
• It is agreed in writing who pays if a third party causes the delay.

None of this is complicated. Most arguments happen because one of these steps was skipped.

How we handle it at HTK

Every HTK quotation shows the agreed hire period, and extended hire is charged at the rate on the quotation. Our terms and conditions set this out. If a job looks like it will run on, we would rather hear early and help plan around it, whether that means adjusting the scaffold or adding a temporary roof so trades can keep working through bad weather.

On our heritage temporary roof in Haywards Heath, the scaffold stayed up for the whole refurbishment, with regular inspections and alterations as the work moved on. Long jobs work well when the duration is planned from the start. For homeowners, our guide on how long scaffolding can stay up covers the basics.