Confusion in identifying the contracting party

Williams Tar Construction v Antony Roylance Limited and Mr Antony Roylance [2018] EWHC 2339/BLM TCC

The claimant was carrying out various construction works including building a retaining wall.  Mr Roylance was a civil engineering contractor who had a little company of the same name.  There is a series of emails between the claimant and Mr Roylance which made no reference to Mr Roylance’s company and commissioned some design work.  The claimant sued Mr Roylance for alleged failure to advise; his defence was that he traded through his limited company and had no personal liability.

Held

As he had never referred to his company at the contract formation stage, he would be personally liable for any breach of contract.

Comment

Neglecting the paper work can be a very expensive mistake for a small business person.

For more specialist legal advice contact our Construction & Engineering team.