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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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W I am in a court case with my builder. the contract

Resolved Question:

FOR ALEX W
I am in a court case with my builder. the contract was with his Ltd company, but the payments were made to him personally. We also have him on record as saying that the company never got involved in the project.
I want therefore him to be the second defendant.
Where in the law do I find the justification for this?
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
Alice H : My name is ***** ***** I'm happy to help with your question today.
Alice H : Was he also a director of the said company?
Customer:

y

Alice H : There are two areas of law that will help you: first if you have evidence that he received payments and was doing this work personally then under contract law his admission amounts to a contract between the two of you. He has therefore accepted personal liability. Secondly the Companies Act makes directors liable for acts done outside the limit of their duties. So you can add him as second defend on the basis of contract law and statute. If you want some case law to help you then I can do a bit of research later but in the meantime please remember to take a moment to rate my answer.
Customer:

The question said FOR ALEX W. Why did you answer it?

Alice H : I beg your pardon. You would prefer me to opt out?
Expert:  Ash replied 2 years ago.
Thanks for requesting me
This is a matter of contract, therefore if you paid the builder then potentially there is a claim against him too.
Therefore you can amend your claim to add the builder as second defendant.
It's a matter if contract. You should just explain to the court why you want the amendment,
Does that help?
Alex
Ash, Solicitor
Category: Law
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Experience: Solicitor with 5+ years experience
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