Can I take my builder to court as a sole trader? He didn't disclose his limited status

Grumpy_chap

bravo88 said:

For the sake of an example, I'll say my builder is called Bob Smith. This is what the contract states: 

This contract is between ‘the client’ (my name, my address) and ‘the contractor’ (Bob Smith, B. Smith Builders, his personal address).

So from what you are saying, I am best to say I employed him, Bob Smith, who is trading as B. Smith Builders. 

No, that is not how is works.  
It is not for you to say that you employed him, Bob Smith, who is trading as B. Smith Builders.
It is for the facts to be established.

Bob Smith, trading as B. Smith Builders would be operating as a sole trader.  This may be what is indicated by "Bob Smith, B. Smith Builders"
However, "Bob Smith, B. Smith Builders" may also indicate an individual named Bob Smith who works for a company called B. Smith Builders Limited. 
It is about looking at any footnotes on the paperwork, or specific terms used in the contract.  

Consider buying a brand new home (new build), and the e-mail from the sales representative is signed off "Jo Brown, Barratt Homes".  You know that Jo Brown is not a sole trader.  There will be something in the footnote of the e-mail that gives the legal identity of the business.  The same will be in the contract documents.  Something like "Barratt Homes is a brand name of BDW TRADING LIMITED"

Obviously, Bob Smith, B. Smith Builders may not be as clear and obvious as Barratt Homes but, if the agreement is with the Ltd Co., then it should be clear that the agreement is with "Bob Smith, B. Smith Builders Limited" (Ltd Co.) and not "Bob Smith, trading as B. Smith Builders" (sole trader) or vice-versa

sheramber

Grumpy_chap said:

bravo88 said:

For the sake of an example, I'll say my builder is called Bob Smith. This is what the contract states: 

This contract is between ‘the client’ (my name, my address) and ‘the contractor’ (Bob Smith, B. Smith Builders, his personal address).

So from what you are saying, I am best to say I employed him, Bob Smith, who is trading as B. Smith Builders. 

No, that is not how is works.  
It is not for you to say that you employed him, Bob Smith, who is trading as B. Smith Builders.
It is for the facts to be established.

Bob Smith, trading as B. Smith Builders would be operating as a sole trader.  This may be what is indicated by "Bob Smith, B. Smith Builders"
However, "Bob Smith, B. Smith Builders" may also indicate an individual named Bob Smith who works for a company called B. Smith Builders Limited. 
It is about looking at any footnotes on the paperwork, or specific terms used in the contract.  

Consider buying a brand new home (new build), and the e-mail from the sales representative is signed off "Jo Brown, Barratt Homes".  You know that Jo Brown is not a sole trader.  There will be something in the footnote of the e-mail that gives the legal identity of the business.  The same will be in the contract documents.  Something like "Barratt Homes is a brand name of BDW TRADING LIMITED"

Obviously, Bob Smith, B. Smith Builders may not be as clear and obvious as Barratt Homes but, if the agreement is with the Ltd Co., then it should be clear that the agreement is with "Bob Smith, B. Smith Builders Limited" (Ltd Co.) and not "Bob Smith, trading as B. Smith Builders" (sole trader) or vice-versa

The OP drew up his own contract which the builder signed so whatever the OP wrote is what is on the contract.