Can i sue the subcontractor

[Intrepid]

I employed a company to install a system ...they sent 2 sets of workers both independant tradesmen ...it turns out 3 yrs down the line that the company has been dissolved and has failed to honour section 8.1 of the consumer code and take out required insurance to cover the system maintenance or faults that develop

The electrician did some of the work legally under his own certified trade cover and issued the relevant certificate after a complaint was filed to the trade body
however the other part of his work he had no certification for and has not issued the required certification

it is this uncertified work which has been done incorrectly and in contravention of the manufacturers instructions that has led to £3000 in damage occuring and repairs needed

can i sue the electrician( i know he has PL insurance ) who is still in business ?......... since the actual company who engaged him to do the work on my property has conveniently dissolved their business

[james_law]

Legally you have no contract with the electrician. The only contract you have is with the ''company''.

However, potentially you can sue for negligence, but you would need to see a solicitor about this as its a lot more than just proving that the electrician carried out work negligently. You have vicariously liability in this and even though the electrician himself did negligent work it could have been under the control and demand of the general contractor.

[Intrepid]

The company had several memberships with trade bodies all of whom are supposed to step in and protect me and he was required to take out insurance cover under section 8.1 of consumer code before he dissolved the company and he has told the trade bodies he has
however the trade bodies are claiming that since he dissolved the company they have no responsibility

its the same with the trade body for the electrician who organised one certificate aftr i complained but claim they cant do anything about the other one as he did not have the required certification to do that work

these trade bodies are promoted as protection for consumers but as soon as theres problems they drop the affected consumer
can i take action against them

[R0b]

What is 8.1 of the Consumer Code? As far as I am aware there is no such legislation called the Consumer Code.

It’s already been explained to you that your contract was with the dissolved company, not with the subcontractors. Just because a company goes under does not give you the automatic right to sue them - the company entered into a contract with the subcontractors to do the work for you and as you are not a party to that contract, you cannot sue them.

You can try to sue but you run the risk ofhaving the claim dismissed and potentially having to pay any of the subcontractors legal costs.

[Intrepid]

What is 8.1 of the Consumer Code? As far as I am aware there is no such legislation called the Consumer Code.

It’s already been explained to you that your contract was with the dissolved company, not with the subcontractors. Just because a company goes under does not give you the automatic right to sue them - the company entered into a contract with the subcontractors to do the work for you and as you are not a party to that contract, you cannot sue them.

You can try to sue but you run the risk ofhaving the claim dismissed and potentially having to pay any of the subcontractors legal costs.

Clearly total waste of time ever doing anything or believing anyone or the trade body they are a bunch of scammers

[MIKE770]

Trade Bodys - what a joke they are:- top to bottom all trades and regulators (Non)