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CG5:19

Contractual Issues Relating


to Hiring of Hoists

Please ensure this guidance note is read in conjunction with SG26

Introduction
The supply of hoists, for the use of others, by scaffolding contractors as part of a typical scaffolding contract
can give rise to a number of problems, particularly if the equipment is being cross hired from another supplier
under the CPA terms and conditions.

Main issues
The main issues relate to additional liabilities incurred by the scaffolder and indemnities required by the
equipment supplier under the CPA terms:

Clause 5(a) the Hirer (scaffolder) is responsible for the safekeeping of the plant and it is therefore advisable
to check that current insurance policies cover hired plant.

Clause 5(b) the Hirer (scaffolder) is responsible for damage, loss or accidents arising from the use of
the plant in an unsafe condition. The Hirer (scaffolder) needs to understand, and implement
a system for the routine daily checks which are required to ensure that the equipment is
maintained in good condition.

Clause 8 operators supplied with the equipment by the Owners are under the control and direction
of the Hirer (scaffolder) who is responsible for the actions of the operator even though he is
not in his employment.

Clause 9(d) the Hirer (scaffolder) is responsible for loss and damage through mis-use

Clause 12 Owners do not accept liability for consequential loss and may be able to escape the cost of
delay brought about by failure of the equipment.

Clause 13(b) the Hirer (scaffolder) is required to indemnify the Owner against claims arising from the use
of the plant

Clause 15 equipment cannot be re-hired or sub-let to others without the Owner’s consent.

Clause 23a The hire period shall commence from the time when the Plant leaves the Owner’s depot or
place where last employed and shall continue until the Plant is received back at the Owner’s
named depot or other agreed location but an allowance shall be made of not more than one
day’s hire charge each way for travelling time.

NASC February 2019


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Clause 23c Upon the completion of the Hire Period, the Hirer shall clean and where necessary,
decontaminate the Plant. All fuel and contaminates will be removed from bunds, storage tanks
and bowsers. The Hirer shall be liable for any costs, liabilities and expenses incurred by the
Owner should the Hirer fail to comply with this clause.

Possible Solutions
There are a number of alternative solutions to the above issues, all of which require careful consideration by
the scaffolding company.
(a) Avoid quoting for the supply of hoisting equipment – encourage clients to order direct from suppliers.
(b) Only supply hoists owned by yourself. Do not cross-hire.
(c) Do not include hoists as an item within a general scaffolding contract. Supply hoists under cover of a
separate supply only contract incorporating the Owner’s terms and conditions which are usually CPA
terms and conditions. The Owner’s agreement to cross-hire the equipment may be required.
(d) Ensure that all call out charges are notified and will be passed on.

Insurance
(a) Ensure that policies cover the type of equipment intended to be cross-hired.
(b) Ensure that policies cover damage and theft of the equipment as well as damage caused by the equipment.
(c) Inform your insurer that you hire out plant and equipment as part of your normal contracting activities.
(d) Inform your insurer that you erect and dismantle hoists as part of your normal contracting activities.

Whilst every effort has been made to provide reliable and accurate information, we would welcome any corrections to information provided by the Writer which
may not be entirely accurate, therefore and for this reason, the NASC or indeed the Writer, cannot accept responsibility for any misinformation posted.

NASC NASC, 4th Floor, 12 Bridewell Place, London EC4V 6AP


Tel: 020 7822 7400 Fax: 020 7822 7401
enquiries@nasc.org.uk www.nasc.org.uk
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