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 am a homeowner in High Point, North Carolina. I have had a live-in boyfriend who does construction and has been living with me since 1997 (his name is not on the real estate deed - I bought the home in 1989). In May of 1998, my boyfriend inherited some money and decided he wanted to build a deck for me at my home. He built a wonderful, approx. 1,000 square foot deck which we both have enjoyed for about five years. I never agreed to pay for any part of the deck, we never discussed any kind of price, and I know that my boyfriend does not have any receipts for the original construction materials, only a receipt for the hot tub we installed. Now that I am trying to end the relationship, he is threatening to place a mechanic's lien on my property for my half of the deck and he is saying the deck is worth $10,000 - I don't think he has $10,000 in materials or labor in it originally - I believe at the time it was built it was closer to $6,000 at his guesstimate. So my question is, Can he put a lien on my property? Does he have a leg to stand on?
Answer Hi Elizabeth
Please accept my apologies for the delayed response. I am travelling in Eastern Europe and working out of Internet cafes. My first response died in a power outage. Here is another try. This question is not really one of construction law, and some of the comments are personal rather than legal, but I hope they help you reach an acceptable solution.
Breaking up is always painful with lots of emotion. I think that your boyfriend is hurting and trying to cause you hurt to ease his pain. Emotion in law means extra costs for everyone. So you have to reduce the emotion if you are to escape with minimum hassle and cost.
Can he put a lien on your property? Sure he can, if he can find a lawyer to complete the paper for him, and some people will do anything for money. However, mechanic's liens are designed to protect artisans who have supplied materials or services to a home owner against non-payment of contractual debts.
Does he have a leg to stand on? He would have to prove a contractual relationship between you related to the costs of building the deck. If you are sure that there is nothing in writing, then it is your word against his and the burden of proof is with him. It could be difficult after the passage of time to convince a judge. However, I know nothing about property law in N. Carolina, but a judge might consider that the deck was common property, even if the house was not, and thus he was due recompense. There are lots of web sites concerning the procedures for applying a mechanic's lien and the response to receipt of one. You need to study them and follow the correct procedure or you could end up losing your house.
I have no idea of costs in your area, but $10 a square foot sounds high. If you want to know the value of the deck, ask a local builder what it would cost to build today. Alternatively, do a rough measure of the major timber pieces, add a percentage for the minor pieces and fixings and add a further percentage for the labour. Now you have a basis of fact to agree. Agreeing the facts removes the emotion and provides a basis for mediation. If I understand you correctly, he is asking for half the cost of the deck. I know that $3K is a lot of money and $5K even more, but I would pay the money if I could and count myself lucky, while remembering the good times on the deck. Think what a divorce would cost! Of course I would make a lower reasonable offer first, and then get him to sign a statement accepting the payment as ex gratia (without acceptance on your part of a legal obligation to pay) and in full and final settlement of all debts arising out of the relationship.
Stay focussed on the aim – a gentle parting of the ways with minimum hassle and grief. You do not need the stress of a court case at this stage of your life. Definitely avoid lawyers and court.
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