How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Alex J. Your Own Question
Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3653
Experience:  Solicitors 2 years plus PQE
Type Your Law Question Here...
Alex J. is online now

Is it possible to name not only the builders Ltd company -

Resolved Question:

Is it possible to name not only the builders Ltd company - but also the builder himself as director as respondents in a claim?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Alex J. :

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Is this is a claim for a debt? Kind regards AJ


No - a claim for non-performance on a builders contract

Alex J. :

Hi, Thank you. Was the limited company the other party to the contract? Kind regards AJ


Yes - and the builder signed it in his capacity as owner/director

Alex J. :

Hi, Thank you. My apologies for the delay, the only way to hold the director personally liable for money you are owed by the company is to put the company into liquidation.

Alex J. :

Under general laws on privity of contract, the company is party to the contract and therefore is the one with the responsibility for the obligations under the same. You would have to prove a breach by the company - get a Judgment and then once you have a Judgment that effectively equates to a debt, if the director has then in someone misappropriated company funds then you could potentially pursue the director through a liquidator if the company was then placed in to liquidation. Can you provide me with any more facts?

Alex J. and 2 other Law Specialists are ready to help you

Related Law Questions