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Company folding …. where do we stand?

Facthunt

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?

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Facthunt

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

muffler

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

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?

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.?

Facthunt

https://www.boards.ie/discussion/comment/121390100#Comment_121390100

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!

Mellor

https://www.boards.ie/discussion/comment/121390218#Comment_121390218

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.

Calahonda52

https://www.boards.ie/discussion/comment/121390218#Comment_121390218

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/

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!