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 Bought house, everything was checked, went through. After
purchase the town said we had to replace a colvert that water
runs through because it was illegally put in. But we were not
informed of this when it wass purchased. The town did not stop
us and say the bridge/colvert needed to be replaced by owner if
he wanted to sell. We are now being told to replace. Are we
responsible for something illegally built by previous owner,
something we were never informed about or stopped from
buying.?
Answer Hi Lisa,
You do not say where you are located, so the following comments will be general.
Basically if the town says that you must rebuild the culvert, then you have to rebuild the culvert. You try fighting the order, but after a lot of delay, stress and expense, the result would be the same.
I guess that you are really asking if you can recover your costs. If you were in England, then you should have had a surveyor's report and legal searches. Either the surveyor or the lawyer should have found the details of the illegal culvert. If they had been negligent, or the seller had hidden the details of the town order, then you could start a court case against all three to recover your expenses. You might be able to start a similar court case, even small claims court if the sum is small enough, where you are located. Of course, you might win the court case, but not be able to recover the money.
Sorry to be so depressing, but there are some devious people out there.
PS I apologise for the delayed response. I have tried to send this message three or four times, but I am in eastern Europe and my dial up is a bit strange from time to time. also I only get access at 05.00 or 22.00 local time due to my day job. Still I hope that you find the answer useful even if it was delayed.
