Advice - contract with Rawreth Builders Limited???

[des8]

Re: Advice - contract with individual or Rawreth Builders Limited???

In case anyone is interested, and the op returns, according to MSE thread the CCJ was for £5,000 for the bathroom floor.

[Ripped-Off]

Re: Advice - contract with individual or Rawreth Builders Limited???

Perhaps you could sue him for inadequate supervision or negligent certification?

If you could prove that he was the Project Manager (or had a similar role) and supervised or certified the works as okay to pay, and you subsequently paid the builder, only to discover the work was defective, then he is liable in negligence or in contract. In Sutcliffe v Thakrah (1974) 4 BLR 16 an architect was liable to the client for negligent certification. The court also said in respect of supervision:

"If by reason of negligent supervision on the part of an architect loss or damage results for an owner it could hardly be contended, and indeed it is not contended, that the architect could escape liability to the owner for such negligent supervision".

Alternatively, in Pratt v George Hill (1987) 38 BLR 25 an architect recommended a firm of builders as "very reliable". In the event, the builders were very unreliable. Disputes arose which were referred to arbitration, during the arbitration builder went bust. Pratt then commenced proceedings against the architect claiming damages for their negligence in recommending the builders.

At the first trial the architects were held to be liable but the claim for damages and the costs of the arbitration were disallowed on the grounds that the cause of these losses was the builders insolvency, and that the duty of the architect did not extend to protecting the claimant from that insolvency or the risk thereof.

Held, on appeal, that these losses were recoverable as caused by the architect's incompetence, not the builder's insolvency and so the architect was liable.

A long shot perhaps???