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 live in Illinois and are currently undergoing
outside home improvements. Our contractor is replacing our 8x30 front porch. In the process of replacing the porch the back hoe was driven on our front sidewalk on our property and completly distroyed. Our contactor gave us an estimate for 3,000 dollars to replace it. When I contacted him to ask him why was it destroyed, and why is it our reponsibility, he replied" Oh yeah, I should have warned you about that" My husband doesn't think were liable. But we dont know the law. Can you help? Thank you
Answer Firstly, please accept my apologies for a delayed response, but I have been travelling in eastern Europe.
The Contractor has a duty of care to you and is responsible for any damage caused by him. At the very least, he should have taken precautions to mitigate any damage, such as laying timber sleepers across the sidewalk to protect it and spread the load of the backhoe. He should have a contractors' all risk (CAR) policy in force, which would pay for any damage caused. However, many contractors have an exclusion clause in their terms and conditions, due to the frequency of this type of damage. You should check your contract with him.
I suggest that you ask him for details of his insurers, advise them of the claim, and your own insurers at the same time. Then let the insurance companies fight it out. If does not have, or will not tell you of his insurer, then still contact your own insurers. They will pursue him to recover the cost.
