I had an extension built. Six months after the builders left it developed a leaking roof. The architect and the builder blame each other. Both have admitted the roof is built wrongly but both blame the other party. Can I sue both the builder and the architect in the same small claims court hearing and let the judge decide who is to blame?
The simple answer to your question is “Yes”. In general terms a claimant should be slow to issue proceedings against more than one party. However in this instance where both parties acknowledge that something is wrong but each blames the other we do not think you will be criticised for joining them both in. Just make sure that you have given them both advance notice of what you intend to do (if you haven’t done so already). You can then produce a copy of the letter to the judge if necessary.