Builder starts doing work for a hotel owner, sadly unaware that hotel owner has a history of failing to pay contractors. Builder ends up having to sue hotel owner for 50k. Straightforward so far.
Meanwhile, unbeknown to builder, the bank repossess the hotel. The bank subcontract the practicalities of repossessing the property to a contractor. The contractor, on the instructions of the bank who are concerned about 1) security and 2) public liability, take down the builders scaffolding (about 20k worth) and sell it, the proceeds going back to the bank.
There was nothing on the scaffolding from which the contractors could identify who owned it.
I reckon the bank are liable for seeing the builder right, but can’t see them being in a rush to pay up. What do the lawyers think?