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 new jersey law, my contractor installed a new roof and siding, he did not get it inspected before i made final payment. the job failed inspection, the contractor fails to acknowledge that he didnt call for an inspection and that the job failed. i am taking him to court to pay for allrepairs needed to pass the final inspection. am i sueing his contract or tort? this is in small claims court and the summons is asking if it is contract or tort. help me please
Answer Hi Deb,
My apologies, but I have no detailed knowledge of New Jersey law.
It depends on whether or not you had a written contract and whether or not that contract stated that the Contractor was liable to ensure that the work was inspected and that it passed inspection before he received final payment. Even so, the Contractor has a implied duty to provide materials and workmanship which is fit for purpose, which implies that the work will pass inspection. There may be a relevant state or federal law on this matter, which you may wish to include in your case.
If you did not have such a clause in your contract, then I think that you are probably suing in tort for negligence to take reasonable care to protect you interests. Without sight of all the papers, I cannot give you a definitive answer. I suggest that you contact the local citizen's advice bureau or ask a local lawyer to give you a fixed fee, fixed duration advice (present your case in writing first so that he can study it and then the interview discusses solutions not the facts of the case). Often there are some key words (such as 'fit for purpose') which guide the court and strengthen your case.
Return with a followup question if the above is unclear or insufficient.
