AboutPeter M. Elliott Expertise First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only.
Experience Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit.
George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')
Question In 2001 I had a "repipe specialist" do a complete copper repipe of my home's plumbing. I was very dissatisified with the initial work and called them back several times before the job was done to my satisfaction (initially) and signed off by a State Inspector.
In recent months the pipes have been rattling when the water shuts off. I called the company and explained my situation. They said they would have to check my contract to see if whatever I need to remedy the situation would be covered. They never called me back.
I called an independent plumber to come out and inspect the job. He said that the pipes were never strapped in some places, strapped incorrectly in other places, and pipes next to pipes without insullation in other places. He said he could strap and restrap the pipes properly for $500 but that I should contact the State Contractors Licensue Bureau and report the original plumbers.
QUESTION: I don't want to deal with the original company at all! Can I have the new plumber make it all better and then require the original plumber to pay up? The orig. plumber should not be given the opportunity to make it right since this is clearly shotty workmanship and them wanting to cut corners at my expense.
What should I do?
Thanks in advance for your guidance.
Answer Firstly, please accept my apologies for a delayed response, but I have been travelling in eastern Europe.
The rattling of the pipes might be due to the phenomenon call water hammer, which occurs when a valve or tap is closed and the resulting pressure wave travels along the pipe. It is not dangerous or damaging, except in large pipes or high pressures, but it is irritating. It is strange that it did not happen immediately after the repipe. It may be that some screws of fixing have loosened and it just needs a screwdriver to cure the problem. Alternatively, you may need extra straps to solve the problem, especially if the pressure in the pipes has increased in the last months. Your case may be weakened as the work was signed off by the State Inspector, or you may have a claim against him. I cannot say.
If you want the original plumber to pay for the 'faulty' work, then you must give him an opportunity to repair any defects. I suggest that you
a. write to the plumber stating that you are dissatisfied with the work and that you require him to repair it within one month;
b. in the meantime get three quotations for repairing the work;
c. if the original plumber repairs the work fine and dandy;
d. if not, then write to him stating that you have three quotations to repair the work; stating the cost and that you will accept the most economically advantageous offer, which may not be the cheapest, and then claim the cost back from him through the small claims court.
If you have had enough of the original plumber and there has been a breakdown in relationships, then consider getting the new plumber to do the work and write off the cost against experience. It depends on how much spare time you have and how rich you are. Only you can decide, but I wish you good luck and hope that your problems are soon resolved.
