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')
My pool contractor has filed a mechanics lien against me. Prior to filing, the lien he sent a letter asking for final payment. I responded with a very detailed 7 page letter explaining that the pool was not complete and the some of the work performed was of low quality. Furthermore, I explained that I would pay a reduced final payment (as explained in the letter) after I receive a release of lien from him and his sub-contractors as it is stated in the original contract. He responded by filing a lien and I would like to dispute the lien how do I do this? My wife and i have excellent documentation of the workmanship as well as documentation he falsified information and forged my signature on documents submitted to our local building department.
Answer Hi Chris,
This question needs detailed advice which is beyond my resources at present. It all depends on the exact wording of the conctract and correspondence. That said you can get a lot of help from the web.
If you enter the keywords 'mechanic's lien' into a good search engine such as www.google.com, you will be reward with lots of sites, federal, commercial, how to applying for a lien, how to defend a lien. You may even find that there is a site run by your state, which should be impartial. The most important thing is DO NOT DELAY. If you ignore this application, you could lose your house.
Two further pieces of advice. Remove all emotion from your statements. If you cannot do that get a friend to do it for you. Only facts count in a court of law, not emotion. Secondly, low quality, good work are null words in a contract. The work was either compliant or noncompliant. It does not matter how bad you think the work to be. If it complies with the Contract, you have no claim. Likewise if the work is fit for purpose and meets accepted industry norms. If you want more, then it must be specified in the Contract and the price agreed.
Finally - you don't mention the amount, but is the fight worth it? Remember, it would be much better to lie by the pool, rather spend you time in a hot court, or working to pay off lawyers bills. Try hard to find a middle path and a solution acceptable to both parties.
