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 Dear Mr Elliot, I am contacting you to ask if you have any knowledge of the Party wall act 1996. We have just recieved our award and are anticipating our neighbours to try to appeal against it and to take it to court. Both surveyors involved in this award state that there are no grounds for appeal but they may still wish to. Who would incurr the costs, if they did appeal? What rights do we have as we are being harrassed by them.
Answer Hi Rachel,
You ask me a question on a subject which I do not claim to have knowledge and then you mark me down. You give me no incentive to try to help people with general questions vaguely associated with my area of expertise. Would you prefer that I claim ignorance next time, so that I do not risk a negative rating, rather than giving my best shot in the time available?
Anyway, I hope that you manage to resolve your problems with the minimum of fuss and legal involvement.
Peter
Hi Rachel,
I have no specific experience of this subject, as it specific to UK legislation. There are several websites on the matter, including government ones. Do a search using the keywords 'party wall'. The guidance appears clear.
If the two surveyors advise you that there are no grounds for appeal, then I would believe them. If the neighbour does start an appeal, then I suggest that you pay the agreed amount into the court. Even if he wins the case, the court is likely to award you costs, because he has started a case without sufficient justification. Your surveyors can advise you on the exact procedure.
