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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')
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You are here: Experts > Industry > Construction Industry > Construction Law > Rates for VO
Expert: Peter M. Elliott - 11/7/2009
Question
Due to the suspension (8 months)the project was prolonged. On top of that there are many instruction to us to do new variations. The problem is the client ask us to follow the original contract rates although for the work after the original contract period. My question is:-
1.Can we use the current market rate for the variations since the work been carried out 2 years after the original contract period? Any cases law to support this?
Thank you
Answer
Hi Ismail,
You do not mention the form of contract nor the applicable law, so the following comments are general in nature.
You cannot use current rates for variations, but what you can do is claim your extra costs under the clause for suspension and associated costs.
I hope that the above is useful and you can mark me 10
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