Can I take proceedings against a builder company after 5 years and 8 months?

Sandtree

Usman90 said:

Hi how would I know who the correct defendant is? Would I be suing against the name of the company or is it a certain individual? 

This is what you need to understand before issuing because given the timing you only have one bite of the cherry... get it wrong and by the time it comes to light it will be statute barred for issuing against the other.

The correct defendant will be the legal entity you entered into a contract with, this should be on the paperwork, it will either identify the guy as a sole trader (eg Bob Smith t/a Bob the Builder) or will identify a incorporate company (eg Bob the Builder Ltd where Bob Smith happens to be a director). In the former you issue against the individual, in the later you issue against the company... just double check the company still exists etc on Companies House

Usman90

Hi can someone please confirm do you have 6 years to take court proceedings from the date the job originally started.. Or is it 6 years from the date the job had finished? Thank you 

Sandtree

It is 6 years from when the breach of contract occurred which could be at the start, middle or end of the contract.

Jenni_D

If in doubt, use the date the final invoice was paid.

Sandtree

Jenni_D said:

If in doubt, use the date the final invoice was paid.

This may be an ok proxy but if the defendant can prove the alleged breach was earlier the 6 years would commence from that date and so could be statute barred.

Usman90

The breach occurred midway on the second invoice, I have already started a claim however I used the information on the contract to start proceedings.. Later realised that the company name has changed as well as the address, I'll need extra time to have this information updated but it should be ok, hopefully the information will be updated with in time. I have bank statements to prove when I paid to lay concrete that's when errors accoured.. Plus the errors was noticed another two weeks later after concrete had been layed. 

[Deleted User]

Usman90 said:

The breach occurred midway on the second invoice, I have already started a claim however I used the information on the contract to start proceedings.. Later realised that the company name has changed as well as the address, I'll need extra time to have this information updated but it should be ok, hopefully the information will be updated with in time. I have bank statements to prove when I paid to lay concrete that's when errors accoured.. Plus the errors was noticed another two weeks later after concrete had been layed. 

Have you checked Companies House to see whether the original company went into administration? All too often, companies are liquidated to see off creditors etc, and a new company arises from the ashes.

user1977

Usman90 said:

I used the information on the contract to start proceedings.. Later realised that the company name has changed as well as the address, I'll need extra time to have this information updated 

What exactly do you mean by "the company name has changed"? Are you sure you are now pursuing the correct company i.e. the one with which you had the contract?

MobileSaver

Usman90 said:

I used the information on the contract to start proceedings.. Later realised that the company name has changed as well as the address,

As others have pointed out, you need to be 100% certain that you are issuing proceedings against the correct legal entity - this cannot be stressed enough! Get this wrong and you are just wasting your time and even more money and will have no further recourse against the rogue builder.

However, you also need to follow court protocols before issuing proceedings; have you contacted the builder and asked them to resolve the issue? Have you suggested ADR (Alternative Dispute Resolution) via mediation? If so and you presumably weren't happy with their response then have you warned them (with a "Letter Before Action") that you will take legal action if they are unable to resolve the situation satisfactorily? Ignore these steps before issuing proceedings and your claim against the builder is likely to fail at the very first hurdle.

Usman90

I have checked the companies houses and it says dissolved in 2015 under the first company name, however the second company name is showing active. The first company name was.**** Paving limited.. And the new company name is **** construction limited. So with the company name paving has been replaced with construction. Yes I am sure it's the correct company as I remember the website which is the same and the company logo is also still the same. I have been in contact with the company and they have no interest in what I want to say, I did tell them if I don't receive a satisfactory response I will take court proceedings. Sent a few messages with no response.