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 Our construction crew has been lagging (8 mos.}and our contract due date was 22 days behind completion on a new garage.
CBC the construction Co. gave us a new bill for items they told us during the construction, if we bought they would install for free.(i.e. skylites, partition wall, cement walk). Now they took all their tools and some of the materials needed to finish the job and informed me they put a lien on our property. What are my rights and legal recourse to have this removed?
Answer Hi Gregh,
I do not understand your situation completely, except that someone has put a lien on your property, without completing their obligations.
Do an internet search using the keywords 'mechanic's lien'. There are lots of sites, federal, state and commercial, with advice from all points of view, so you can learn the best attack and defense from both sides. Do not ignore the lien or you could lose your home, which could be seized and sold to recover the outstanding debt.
Now read your contract and see if the contractor is in breach of your contract. Why should they put a lien on your property when you have paid on time and they are fulfilling their obligations? You need to sit down and set out your problem a little more clearly and concisely. Then come back with a follow up question if you need more advice.
