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Company folding …. where do we stand?

  • 18-11-2023 10:04pm
    #1
    Registered Users Posts: 552 ✭✭✭


    We’ve had some work done by a builder which is not finished completely! We paid him in instalments but had overpaid so he had enough to get materials etc. However he has just told us he is folding his company and does not plan to finish our project. We are probably a little bit out of pocket but not much. My biggest fear however is any defects etc that come up …. Who is responsible and where do we stand? Do we then have to claim off our insurance to get them fixed?



Comments

  • Registered Users Posts: 552 ✭✭✭Facthunt


    Any ideas? …. just curious but feeling it’s a lost cause!



  • Registered Users Posts: 45,683 ✭✭✭✭muffler


    Have you a written contract and have you considered discussing this problem with a solicitor?



  • Registered Users Posts: 552 ✭✭✭Facthunt


    Yes have a written contract! But as the Company now doesn’t exist is the contract even worth the paper it’s written on. Not looked at the solicitor option yet …. But do we even have a leg to stand on?



  • Registered Users Posts: 38,821 ✭✭✭✭Mellor


    It would depend on how the company folded. If it was liquidated, if it's just ceasing to exist and hoping for the best, etc


    What's the value of the work remaining?

    what's the total fees and fees currently paid.?



  • Registered Users Posts: 552 ✭✭✭Facthunt


    It ceased trading as one company and started up about a week later as another company!

    Total value of project was about €140k, about €120k completed with maybe €2.5k of bits to finish off of that that we are aware of!



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  • Registered Users Posts: 38,821 ✭✭✭✭Mellor


    IS the 2.500 the only outstanding work. ie if you never see him again, you'll lose out on 2500. Might not be worth the solicitors fees to chase this guy.



  • Registered Users Posts: 12,091 ✭✭✭✭Calahonda52


    I

    If this is true

    It ceased trading as one company and started up about a week later as another company!

    You should contact these quys as it smacks of fraudulent trading and directors of such companies no longer have the protection they had to do this sh!t

    https://cea.gov.ie/en-ie/

    “I can’t pay my staff or mortgage with instagram likes”.



  • Registered Users Posts: 552 ✭✭✭Facthunt


    Something doesn’t feel right … but if I do get them back could it end worse! If they do a bodge job it will cost more to get it from fixed properly!



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