Who do I sue the builder or his company?

amadf1

ok thanks. i think i will sue the individual and add his company as a co defendant to let the judge decide

TheLanternMan

I wonder if anyone could help me on this too?
We had an email exchange where the work agenda was agreed on email rather than any specific contract, (but that's still a contract, no?)  and he asked me to pay him direct to his personal bank account so he could do it cheaper. 11 months of hell later and we have no choice but to take action, but I was wondering what the collective advice would be? This person isn't a director of his own company, his young son is, and the workmen informed me he had a business fail a few years ago (sounds like he had a similar scenario and busted it to avoid paying). But the workmen turned up in vans with the company name on, and the email he communicated on was the company email. My assumption is we'd be suing him personally? Thanks in advance for any help.

steampowered

In cases like this there is an element of doubt. Unless there is paperwork making it crystal clear whether you were contracting with the company or the builder, the judge would have to look at all of the surrounding circumstances to decide who the correct party is.

Payment to the builder's personal bank account is strong evidence that you were contracting with the builder personally, not with the company.

If the builder was contracting through a company, you'd normally expect payments to be made to a company account.

If the builder wants to defend the claim by saying that you contracted with the company, the builder will have to prove this. If the builder cannot provide any paperwork making it clear that you were contracting with a company, then the judge is likely to decide that you were contracting with the individual. The judge would also look at things like what was said in the emails, if there is anything in the email chain which might help to clarify who you were contracting with. 

Sandtree

TheLanternMan said:

We had an email exchange where the work agenda was agreed on email rather than any specific contract, (but that's still a contract, no?)  and he asked me to pay him direct to his personal bank account so he could do it cheaper. 11 months of hell later and we have no choice but to take action, but I was wondering what the collective advice would be? This person isn't a director of his own company, his young son is, and the workmen informed me he had a business fail a few years ago (sounds like he had a similar scenario and busted it to avoid paying). But the workmen turned up in vans with the company name on, and the email he communicated on was the company email. My assumption is we'd be suing him personally? Thanks in advance for any help.

There is always a contract just in most cases its not written (just think of everything sold in shops every day, all are contracts of sale but very few have a list of T&Cs to read and sign before buying your morning coffee)

What does the email exchange look like? Is it from hisname@gmail.com or hisname@thecompany.com? Does he have an email signature suggesting he is acting in the capacity of the company?

You accepted to get it cheaper by paying him directly would suggest you have a contract with him not his company but the answers to the above may muddy the waters.