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Urgent help with contract law query

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  • Urgent help with contract law query

    Hello, I am new to this so apologies if I don’t ask the question in the right way.
    we have a contract with a building company to build a two storey side extension on our home. The completion date on the contract is July 2019, and after providing a reasonable amount of time extension to that due to various delays and having given them almost all of the agreed money for the work I have had to start settlement talks through a solicitor. The company hasn’t responded or even acknowledged receipt of the letter of claim, and after looking into the company this evening I have found that the directors of the company had resigned and a new director was in ownership of the company. The date given for the previous directors leaving was April 2020 but one of the owners was in contact with me by email and text and phone calls supposedly sorting out the work for my project up to September 2020 without ever mentioning his supposed resignation.
    my question really is are the company still bound by the contract with the change of director? The company remains the same as its still got the same name and having been started up in March 2018, but someone else is now the director. So have they managed to run off with my money or do I still have a legal grounds for either getting this work completed, the contract settled or court action being possible?
    i thank you for your time and help with this, I’ve lost too much sleep as it is.
    Tags: None

  • #2
    Begin by being clear that I'm not qualified.
    I believe that your contract is with the company. Unless it has gone into liquidation you can claim from them.
    However, be cautious of spending a lot of money on legal costs. I have had guaranteed work carried out. The company dissolved itself and set up a company with another name same directors. Guarantee then worthless.
    Sorry but I'm pessimistic about it.
    I hope someone more knowledgeable can make a positive post.

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