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 We recieved a bid from a Painting contractor to paint the trim,doors,casing in our newly constructed addition. 2 days into the work he began to mention he may have under bid our job and had too much other work elsewhere. He completed less than 1/2 the work bid. While we were out, he left a note stating he was quiting our project, now we have to hire someone on short notice to complete the work before the carpet and tile contractors come or delay the project. Do we really have to pay him for what little he did before he walked off the job? No written contract, we verbally agreed to accept his proposed bid to paint and stain the woodwork.
Answer Hi Steve,
You appear to have a valid contract, even if there is nothing in writing. The problem is proving it and enforcing it. Yes. You do have to pay him for the work which he completed. Keep his note in a safe place, to prove that he broke his contract with you. Check out the web on mechanic's liens, enforcing and defending, in case you decide not to pay him.
However, you may decide to employ a new contractor to finish the work. If so, then your best course of action would be to get three bids, picks the most economically advantageous (which may not be the cheapest), advise the first contractor that you intend to appoint a new contractor, if he does not finish the work within the agreed period, and that you will charge him for the difference between the new and the old cost, including any reasonable costs for appointing a new contractor. You may decide to deduct the extra costs from the money due to the first contractor, if set off is allowed in your state.
Next time – don't pick the cheapest, include the phrase ‘time is of the essence of the Contract' and put everything in writing. You may find that it is cheaper, in stress and emotion, to write off the extra costs against experience, which is always expensive, and get on with enjoying your new house.
