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 had a small landscape business on the side (no license)and had a very basic contract with a client. While working on the project my client had another contractor come in and finish my project while working on theirs. Now the client is coming back and wanting me to pay for the work that they did on my project. Since they messed with my project does this void the contract between myself and the client and should I be responsible for this bill? Thanks
Answer Hi Matt,
Apologies for the delayed response, but I have been travelling and I am now in Kabul. You don't say what form of contract nor the applicable law, so the following general comments are based on English law.
The short answer is no and no, but there are ramifications.
Some queries. did your client advise you that he was employing another contractor? Did he have cause to be unhappy with your work, due to quality or delays? Be honest! Did you client pay for all the work contracted to you, including that done by the second contractor? How important is this client to you?
If the client had cause and warned you ahead of time, then you could be liable for the difference ONLY between your price and the final cost. This comment is based on the fact that you have failed to complete your contract and you are liable to return your client to the situation in which he would have been, if you had completed your contract. What a mouthful! but I'm under pressure and cannot write it more simply. If he did not warn you ahead of time and did not have cause, then you may be able to claim for loss of profit. If he has paid you for all the work, then you may be liable for the cost of the work done by the other contractor. However, your client ordered the work and thus is liable to pay for it.
Talk to your client and find out why he ordered the new contractor and how much money is involved. I am sure that there is a middle ground somewhere. If all else fails, get it in writing next time and don't risk more than you can afford.
