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 I am a small Sub-Contractor specializing in Floor Coverings; eg: Carpet, Vinyl and Laminates. One of the General Contractors (GC) that I did a job for is refusing to pay me claiming he has not received his final draw from the home owner. The home owner claims she will not pay the final draw until all of the (GC)'s subcontractors are paid. I feel as though I am in the middle of a Catch-22. I have done my part and laid the flooring. I have also paid for the materials and the labor. I did not, unfortunately send a Notice to Owner as I have worked with this GC for a few years and never had this problem. Is there a need for an Attorney or do I just go to Small Claims Court as the job is just under $5,000. Also who would I sue, the GC or the Property Owner?
Thank you Very Much for your help.
Scott
Answer I sympathise with your problem. It may depend on whether or not you have a 'paid when paid' clause in your contract with the GC. If there is no such clause, the the GC has no justification for delaying payment. The home owner is afraid that you will put a mechanic's lien on her property, if she pays the GC without written confirmation that all subcontractors have been paid, which the GC will not issue until he has paid all subcontractors. Have a talk with both parties and see if there is solution through putting the money into an escrow account, or something similiar. It cannot be the first time that this situation has arisen.
You can research this problem through the internet with the sites dealing with the rules for the small claims courts, which vary from state to state. Also look at the procedures for imposing a mechanic's lien on the home owner. Again lots of web sites.
Apologies for a rather short answer, but I am mobile at present and communications are sporadic.
I hope that you get paid with the minimum of effort and delay.
