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 Hi
I signed a contract with a contractor a month ago to install a central air conditioner unit at my house. I paid him 1/2 of the cost - $1,600 cash and he told me verbally it will take only 3 days to complete. One month has gone by and he has completed only 1/3 of the work. He kept giving excuses that it will be done by teh end of the week. I have left him messages and he is not returning my calls. The contract that I signed has his company's name, what the work is, and two payment installments. $1600 and $1600 (at completion) He did not give me a receipt for my initial $1600 cash deposit. Now I need to know what I should do to pursue this. What are my options as a consumer? All I know is his first name and his company's name. Please help..
Answer Hi Helen,
My apologies for the delayed response, but it got buried in my in box.
You have a problem. I guess your builder underbid the job and now has a better offer. He is embarrassed to talk to you, because he feels guilty for leaving you without finishing the job. Assuming that he is an honest worker, how do you persuade him to complete your job? Shouting and leaving messages will not work. You need to talk to him and say that you understand his problem and how can you resolve it together. See if he can give you a realistic completion date, or if he will return part or all your deposit and let you find an alternative contractor.
You gave someone money without a receipt. How do you prove that you paid it? You have the protection of the law, but you have to prove payment.
Alternatively you get three alternative offers and then say that you will employ the most economically advantageous and charge him the difference, assuming that he remains in business and can afford your court costs.
