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About Peter 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')
 
   

You are here:  Experts > Industry > Construction Industry > Construction Law > What a builder

Topic: Construction Law



Expert: Peter M. Elliott
Date: 7/7/2008
Subject: What a builder

Question
Dear Sirs,
I built a house here (kathmandu, Nepal) agreeing to built certain sq.ft. lets say 15000 @1247.67.  This is signed from both the parties.  Now the contractor is charging me more saying the rate he mentioned was just a approximate rate.  Similarly it is mentioned that Rate Rs. 1247.67 per sq. ft. (approximately).  

Now I am being charged more due to the word approimately.  How far is that correct. pls reply.

Shyam

Answer
Hi Shyam,

I guess the builder has the right to increase the price, because of the word approximately.  That is the problem of informal contracts.  

However, I would ask him to justify any increase, to be sure that it was due to my risks rather than his inefficiency.  Also I would put a limit on the total price and ask him to notify of any changes which would increase the total price, so that you can be sure to have enough money to pay for the change, or change your mind if the change is too expensive.  

good luck with your new house.

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