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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have a building company called Merchants Renovations that

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I have a building company called Merchants Renovations that is going into liquidation after a dispute with a client. He claims that we owe him 10k which I strongly dispute. If he were to try to pursue us for this amount, as we are a ltd company I understand that limits our liability. All the invoices, quote and contract for this job are in the company name of Merchants Renovations Ltd. However, I have just realised that my surveyor who drew up the design plans put the name Merchants Design and Build on top, NOT Merchants Renovations as it is supposed to be. Merchants Design and Build is not my company - it is my wife's company through which she does development projects with her brother. My surveyor once supplied plans for her and even though he works for me regularly and often supplies plans for me, he must have just used the template of the last set of plans that he did for this address which was for her company. I have only just spotted this and the client did not pick up on it either, It is only relevant now that we are in a dispute. My concern is that the client, if he can't make a claim on my company as it will be in liquidation, can try to make a claim through my wife's company - Merchants Design and Build because it is on the plans. Is this possible?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
In short no.
He can only claim against the company which he instructed. If that is Merchant Renovations Ltd then the ONlY claim can be against them. The only way there would be a claim against Merchant Design is if he instructed them. It makes no difference whose name is ***** ***** the design plans.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Would this also be the case if he found the plans to be faulty or substandard in some way? Could they then make a claim against the company whose name is ***** ***** of the plans? (They aren't by the way - they have been drawn up by a chartered surveyor and passed by buildings control - but I am just thinking of all angles here to be sure we are covered). To reiterate, the company name on top of the plans does not appear anywhere else - invoices, emails, quotes etc - these are all in the other company's name. Thank you.

Expert:  Ash replied 1 year ago.
No they can't make any claim against the company on the plans. As a matter of contract law it can only be the company they have instructed and paid.
Does that clarify?
Alex
Customer: replied 1 year ago.

Yes it does. Thank you for your help.

Expert:  Ash replied 1 year ago.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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