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 We have hired a pool company to build an inground pool. We signed a contract and in the contract we had ordered kool deck which was $800. We decided not to get it when they were getting ready to do it and the owner told me they would give us the $800 credit. When they poured the concrete per the contract it was 400 ft but they actually poured 560 ft and now when I am going to the company they are saying that the refund that I was told I would get I shouldn't get because they poured 160 ft. extra of concrete. Supposely the sales rep measured the area wrong and they poured from the layout they had. I told them that is not my fault. I have gave them hell and now they had said they will give me half. I just want to find out if I am entitled to the $800.
Answer Hi Vickie,
Theoretically, you are entitled to a full refund, unless the contract is on a remeasurement basis. You are not responsible for errors made by the contractor's staff in preparing an estimate. It depends on the actual wording of your contract.
Realistically, I would accept the offer and run. You have got an extra area of concrete at a bargain price. If you go to court, you won't have so much time to enjoy your pool and a lot more stress. Next time, make sure that you check the contract.
