Strike claim out as incorrect Defendant

[prudence01]

To provide some background, I have been helping my brother with his building development.

 

His builder has now walked off site, is claiming that he is due extra money for alleged variations and has refused to return to site to complete the works until we settle the invoice for these alleged variations.

 

He has now issued a court claim in my name although all invoices are in my brothers name (including the one for the variations, which is the subject of the claim), the property is in my brothers name and my brother has made all stage payments to date.

 

The builders solicitor is claiming that it is acceptable that the builder has issued the claim in my name as the original quote was in my name.

 

I would like to strike the case out as the invoice was not mine to pay and therefore the debt is not mine.

 

Any opinions gratefully received.

[king12345]

At one point the builder will issue an invoice in your name probably, or it will claim that you received and accepted the quote with your brother permission.

If I was the solicitor I would have issued the claim to both of you.

Can't you come to an agreement with the builder?

Surely if he's talking about variations there must have been at one point a request from you or your brother to do something different or extra from the quote.

Or is he making it up?

[prudence01]

At one point the builder will issue an invoice in your name probably, or it will claim that you received and accepted the quote with your brother permission.

If I was the solicitor I would have issued the claim to both of you.

Can't you come to an agreement with the builder?

Surely if he's talking about variations there must have been at one point a request from you or your brother to do something different or extra from the quote.

Or is he making it up?

 

 

 

Thanks King12345. The "variations" were either included in the quote for the works or never carried out. Besides, since he issued the claim, a building surveyor has assessed the defective/not fit for purpose works and prepared an extensive report with a value much higher than what the builder is claiming.