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CELE SQE1 模拟练习

Examination Timing: 00H01M31S

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?

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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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