3rd Party Act 1999

[COMROG]

I am a director of the management company for a block of flats wher I live. In 2017, S. 20 work was carried out arranged by the block's external flat management company. The work was not completed satisfactorily and following their failure to rectifythe defects, they were dismissed. Direct negotiation with the roofing company being unsuccessful, a claim has been issued in the small claims court. The roofing company are claiming relief due to the following clause in their contract ' In respect of the 3rd party act 1999, 3rd parties are expressly excluded from any contract that the company is party to'. I obtained the original quotation but the FMC issued the works order & paid the final account. The work was done & paid for by the flat owners who are now affected, not the FMC that was just an agent. Any views please.