Change of company name

My builder has changed his company name. Is my contract guarantee for project under old operating name still valid in law?

I have had a loft conversion and new roof installed in 2013. The new roof leaks in high winds down the cavity. I have been unable to reach the old company but have found the old owner living locally operating a new building business under a new name. Our contract with him offered a 10 year guarantee for all workmanship.  Am I able to pursue a repair under the old contract with him, or does he now enjoy a liability free life now he has a new company name? The FMB logo was on his old website which is still viewable and the promise of the 10 year guarantee but no one answers the phone.

I have read all the consumer rights info i can find but can’t find any info which relates to our problem.

11 viewscontract law

Alasdair Taylor's Answer

The first thing you need to do here is identify the legal person or entity with which you originally contracted.  You should look at the quotation and any T&Cs provided by the builder in the first instance.  Ideally, a company should be identified by its registration number, as a company can change its name without changing its legal identity.

If the documentation refers to a limited company, you can check whether that company still exists on the Companies House website. You might need to trace company name changes over time.

If the documentation does not refer to a limited company, then it may be that you contracted with the builder himself as an sole trader. In that case, a change of business name would not usually affect the validity of a contractual guarantee given by the builder.

It’s not possible to give a definite answer to your question I’m afraid. That would require a full investigation of the facts. I suggest you speak to a local solicitor or CAB.  You might also want to speak to your local Trading Standards office.

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