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 live in CA, USA. I have a contract to replace windows and install new sliding doors.
Contractor left and didn't finish the job.He didn't provide warranty for labor and material. He was supposed to do it according to the contract. After 2 month he is asking for the final payment and I got a letter from Credit Bureau.
I tried to reason with him with no results.
What should I do next?
Answer The first thing is 'Do not panic'.
You do not state the location nor the applicable law nor the form of contract, so the following advice, as always, will be general in nature. Although it is not clear from your query, I presume that you are the client or employer and not a subcontractor to the main contractor.
If the Contractor has not finished the work, then you should list the unfinished work and send him a letter with the list, giving him a reasonable period, 7-28 days dependant on the amount of work, to complete the Contract. If he does not finish the work then, get three quotes, choose the most economically advantageous and tell him that you will sue him for the difference.
Depending on the location and method of payment, the lender may be liable if the Contractor does not complete his work, or may have to reduce their charges. In UK, credit card companies are liable in some circumstances, if a supplier defaults on a contract and the invoice has been paid by credit card; likewise with some finance or credit companies. I suggest that you contact the Credit Bureau and ask their advice. However, tread with care, as some credit bureaux like to play hardball.
As always be objective and confirm everything in writing (including telephone conversations and missed meetings).
If I have misunderstood anything, then please come back with a supplementary question.
