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Is a scaffolding company liable for damage to the roof?
I need some help here. This is in the UK. We are about to hire scaffolding for some chimney work that a client has asked us to do. We would be using a scaffolding company that we have used before and have not had any problems with. However, the scaffolding company said that they cannot cover any accidental damage to the roof (to the structure or tiles) but our client has said that they will only go ahead if the roof is covered by insurance for accidental damage.
So, I am trying to work out who should be responsible for any damage and whether the scaffolding company can really avoid being responsible. I should say that the scaffolding company have my sympathy - I trust they will take care, but I know tiles can easily get damaged when they erect the scaffolding as they will be walking on the roof, and it is not easy for them to cover such damage as they then put themself in the situation of the client perhaps trying to claim pre-existing damage and the insurance cost goes up a lot etc. So, I understand why they say this. But I need to sort this out.
What is the legal situation? If the roof is damaged by the scaffolding company, can they really avoid liability just by saying at the outset they will not be liable? The scaffolding company actually have Public Liability insurance that covers damage to property caused in the course of their business, so I am wondering what that is for, if it is not for occasions such as this. Their insurance has an excess of £2,500 so maybe tile damage would anyway not normally be costly enough to be covered by the insurance.
Anyway, does the law not make the person who caused the damage liable, whatever they have said at the outset,and whether they have insurance or not?
Also, my client is checking if their insurance company will cover it, but surely even if they would, would they not then claim on the scaffolding company's insurance (via ours ... )?
Basically, can the scaffolding company really say they would not be liable?
Jo W - thank you. Are you saying that they CAN legally exclude liability for damage to property? Personally, I don't mind too much myself, it's just a question of whether our client will accept this and/or they can instead get this risk covered by their own building insurance.
Who - I totally understand that we would be liable in the first place. Sorry I didn't make that clear. But basically, if the scaffolding company say they are not liable, then we are telling our clients that we are not liable either. It doesn't change much for us. We cannot accept liability if the scaffolding company is not, so I am still interested in whether they are. Also, public liabilty insurance DOES cover damage to property: I have read the scaffolding company's insurance certificate and it states coverage of damage to third party property - which I assumes means the client (our client's) property, or doesn't it??
2 Answers
- ?Lv 78 years agoFavorite Answer
In the first instance YOU are liable - cos the client is hiring you not the scaffolder
Any incidents the client sues you - not the scaffolder
YOU then sue the scaffolder.
(public liability would not cover damage to buildings - it would cover THEM if they were to say dislodge a tile and it was to fall on a passerby)
most domestic insurance policies do not cover damage as a result of building work. So I think it unlikely they will accept anything less than liability insurance (from you or the scaffolder)
(and personally as a client it would have to be you that has the insurance - YOU are the one doing the work so you are responsible for who you hire not me)
- !Lv 78 years ago
The scaffolding company can say anything they like - whether you agree is another matter! The one thing they can't exclude (whatever their terms and conditions say and whatever you sign up to) is liability for personal injuries if caused by their negligence.
