A sunroom was sold by a company, a company which had 3 people involved but only one person used prsi number in company. They contracted work out to a builder who made a mess of the job, the customer is now taking company to court. The company is gone but customer is still taking them to court as its been going on the last 3 years. The builder will not take any responsibility even though his work has been in question a couple of times before. The company was not limited so is the sole trader responsible for all costs. He has no money and property is in negative equity and has other large outstanding bills to revenue. Does the builder not have to stand over the work he carried out?
Sales company employed builder - Where does responsibility lie?
- Thread starter KAZZA
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Brendan Burgess
Founder
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What does your solicitor say?
My lay opinion, would be that the client has a contract with an individual who undertook the supply and installation of the sunroom. He can only sue the person with whom he has the contract.
He should not waste his money suing the individual if they have no assets.
It's difficult to pull out of a legal case, but when it's clear that there is no advantage to be gained if you win the case, then you should pull out of the case.
My lay opinion, would be that the client has a contract with an individual who undertook the supply and installation of the sunroom. He can only sue the person with whom he has the contract.
He should not waste his money suing the individual if they have no assets.
It's difficult to pull out of a legal case, but when it's clear that there is no advantage to be gained if you win the case, then you should pull out of the case.
Customer wants the whole thing taken down even though the issue was only to move a pipe outside but now customer says the building is to be demolished. Company had offered to repair any works she wanted at the beginning but customer wouldnt have it and so has escalated into solicitors. If the person being persued has no money and house is in negative equity, can anything happen further?
JoeRoberts
Registered User
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Its a long time since I studied law but is this not where the law of torts would come into being, whereby a wrong done is actionable even though there is no contract between parties.