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 Country: USA
Dear Sir,
We had a fire at our home which caused smoke damage thru out our home. We hired this restoration company to come in and restore our home back to original condition before the fire.
They hired contractors to come in and remove all of our small items to be cleaned off site and left the heavy furniture in the house. Contractors came in to paint. In the process of them moving furniture around they scratched our wooden floors, scratched and damaged wood furniture.
The contractors hired to clean the small items, when they returned, we found items broke and missing, our curtains have shrunk and window blinds do not fit our windows This restoration company tells us they do not owe us anything. We are holding the final check from the insurance company until they compensate us for the damages.
They refuse to compensate and are telling us they will take us to court and we will have to pay the legal fees.
What should we do?
Answer Hi Katherine,
These guys have actually turned a crisis into a disaster. This isn't construction law, but contract law, but never mind I'll try to give you some ideas. My first impression was to say ‘Please. Let's meet in court' to the contractor, because I like taking these guys on. But cooler, second thoughts reminded me that only lawyers win in court and that you want you house back as it was, not to spend your life in court arguing with a contractor.
Please excuse these slightly impertinent questions. Did you pad your claim to the insurance company in your report of loss and damage? Did the contractor do any work which should not have been paid by the insurer? Insurance scams are legion, and they weaken your case when things go wrong. If you are guilty, confess to the insurance company and return the money, quickly. Then proceed as below.
Assuming negative answers to the above, the first thing is to take lots of photographs, showing the final state of items, floors, windows & curtains. Send them, together with ‘before' photos if you have them, to the insurance company with copies of the contractor's contract and his threatening letters. Ask their advice on how to proceed. Be cool and objective. You are the injured party. Remove all emotion from your letters. In any case, you probably have an obligation in your insurance policy to report any claims against you to the insurer. Although the contractor's contract is with you, he is trying to defraud the insurer, and they do not like this. Further he may be doing the same thing with other clients of theirs. In the long term, it is their reputation, which will suffer, not the contractor's. Life is always better if you can get someone bigger and stronger to fight for you.
If the following does not work or is unavailable, then play dirty and get the local media involved. You are doing a public service to educate and help others to avoid the same mistakes that you made. Then take him to court, with all your photos and a record of all meetings, phone calls and notifications of unsatisfactory work, but be sure that he has enough money to pay your attorney, your repairs, reasonable expenses, and a bit for emotional damage. Remember your attorney gets paid first, and he will sue for payment. Hopefully, your insurers or the local media will sort him before your get to court.
Stay cool. Remember the objective is a place to live not a war in court. Look at some of my other answers regarding media and records.
Good luck & I hope that your house is restored properly.
