CELE SQE

CELE SQE1 模拟练习

Examination Timing: 00H01M13S

Robert, a claimant, contracts a building company to build an extension to his house. The building company subcontracts the electrical work to an independent contractor. Once the work is completed, there is a fault with the wiring that causes a small fire. Robert suffers losses of £25,000 due to the fire. He sues the building company as their contractual agreement exists only with them. Which of the following best describes how the defendant can proceed?

A. The building company should defend the claim and also issue an additional claim under Part 20 Civil Procedure Rules 1998 (CPR) against the electrical contractor so that it can be considered part of the overall proceedings.

B. The building company should defend the claim on the basis that it was not their fault or responsibility. If Robert is successful, the building company can issue a separate claim against the electrical contractor.

C. The building company should defend the claim on the basis that it was not their fault. The court will not find the building company liable as they did not carry out the work on Robert's property.

D. The building company cannot defend the claim as they were contractually obligated to Robert and it is clear that the breach has caused the damage. They should offer to settle with Robert, file a consent order and conclude court proceedings. The building company can then issue a separate claim against the electrical contractor.

E. The building company should not file a defence; however, they can issue a Part 20 claim against the electrical contractor. This will mean that the building company will no longer be a party to proceedings.

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The building company needs to file a defence to Robert's claim and issue an additional Part 20 claim against the electrical contractor at the same time, bringing the subcontractor into the proceedings. Option B is not optimal because it incurs unnecessary costs and delays by waiting for the conclusion of proceedings to commence a separate claim against the subcontractor. Option D is incorrect as it assumes settlement without defending the claim, which is premature. Option C is incorrect because Robert's contractual relationship is solely with the building company, making them liable. Option E is incorrect as a Part 20 claim cannot be issued without an accompanying defence.

Key Point: In cases involving subcontracted work leading to damage, the primary contractor should file a defence and a Part 20 claim to bring the subcontractor into the proceedings for joint resolution.

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Dispute ResolutionUnit 4Chapter 10

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