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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3653
Experience:  Solicitors 2 years plus PQE
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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

Customer:

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

Customer:

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?

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