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')
Please forgive me for what might turn out to be a convoluted question.
I'll start right off with the question: Are there guidelines for the use of heavy machinery (a backhoe for instance) that describes the who, what, where, how & when such a machine can be used without causing damage?
The background: My neighbor is having an in-ground pool installed. The excavator had to thread his backhoe along the property line between the neighbor's property and my property. Although he stayed on the neighbor's property, he was within a foot of the property line, if not right on it. Two trees of mine have begun to lean over (one nearly toppled over). The disruption is extensive along about 50' of property line.
As most trades & professions have texts that provide basic guiding principles, I am curious to know if such work should have been allowed under such guidelines for machinery if it exists. I have not yet looked into whether or not a work permit was given for the job.
Thank you in advance,
Jim Delaney
Answer Hi Jim,
Yes. The actual wording, and its legal power, varies from country to country and machine to machine. Generally, the wording is advisory only. The kind of damage which you describe implies that the ground was waterlogged. I cannot imagine another situation where a mature tree with proper roots would topple over if a backhoe came within five feet of it (one foot on his side of the line and four feet on your side because you would not plant a tree too close to the property line for fear of causing settlement or damage through overhanging branches). In which case, is it suitable for a garden?
If the damage really is excessive, I suggest that you contact the property owner and the owner of the machinery and ask for details of their Public Liability Insurer, and then that you forward their details together details of the damage to your insurer and let the insurers resolve the problem. In any case, you must forward the details of any damage to your insurer, whether or not you make a claim, and, in certain circumstances, you may have to notify future buyers of the instance, which may affect their decision to buy, both requirements follow the principle of uberrimae Fidei.
