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 the owner of a small general contracting business. I currently have a contract for about $26,000 for a residential job. I have completed the job as described in the contract and I have received 2 of the 3 agreed upon installments for payment. I have been told I will not be paid the 3 installment. The work I completed was to get a house in condition to sell. The owner now has a contract on the house and I am afraid he will sell the house and reap the benifit of my work and not pay the last installment of $15,000 for the work I have completed. I have a signed contract, invoices of the first two payments and pictures of the completed work. What are my options. I live in Richmond, VA.
Answer Hi Al,
I am not sure about the law in Richmond VA, but I suggest that you impose a 'mechanic's lien' on the property. If you use the keywords 'mechanic's lien' in a good search engine, such as www.google.com, then you will find lots of web sites, including commercial ones willing to act for the home owner or for the contractor. By looking at both types of site, you can see the possible defences and delaying tatics for the home owner and circumvent them.
If you get the lien applied, the owner will not be able to sell the property without clearing the lien, so time is of the essence.
The above assumes that the owner has no reason for non-payment, such as defective work or short supply of materials, and that there is nothing in your contract with him whch allows him to withhold payment.
You could also have a look at www.improvenet.com, where there are bulletin boards for small contractors.
Please rate me if you find this information useful.
