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 moved to Maine last year and had a manufactured home built for us by a Canadian company. They designed the blue prints and gave us copies to give to the construction workers we hired to do the ground work and foundation. When the house was delivered and being set on the foundation, it was discovered that the foundation was 2 feet too narrow. The foundation was built to the blue print specs.... they made a mistake on the blue prints. The builders decided to set the house anyway. They had some engineers come look at it and they say it is stable and sound. We are living in our house and there is a 2 foot overhang in the back of the house. The builder payed for the extra expenses we incrued due to insulation, plumbing, etc. However, this home is a big investment for us and we feel we did not receive the home that we were supposed to. We have been trying to deal with the Canadian company directly to get reimbursement for their error. We could ask them to remove the basement wall and replace it, but we don't wish to do that. We gave them a statement of what it would cost to have the wall removed and replaced and are asking for a monetary settlement based on that quote. What are our rights in this situation? Are we entitled to some reimbursement for their error?
Answer Hi Elizabeth,
It is difficult to give a definite answer without sight of all the documents. However, you will probably find that there is a statement somewhere saying that all dimensions must be checked before starting construction. Regretfully, it is not unusual for designers and contractors to make mistakes.
Your rights are to have what you contracted for, but can you get that at an economic cost? Also, you must allow the company reasonable chance to correct the error. Do you really want them to dig up your foundations and move the basement wall by 2 feet? If they paid you the sum needed to move the basement wall, then, legally, you would be obliged to have the basement wall moved, while you supervised the work and made all the arrangements. What fun! Alternatively, you could estimate the loss in value of your home due to the incorrect plans and ask for that sum. I guess that would be a smaller sum, and easier to collect.
Once you have decided how you want to proceed, ask for details of the company's professional indemnity policy. Inform your insurer that you wish to make a claim and leave the insurers to sort it out. It will take time, but you will have less stress. Just send them a monthly letter asking for an update. Hopefully the matter will be resolved before your children draw their pensions.
My advice would be to enjoy your new home and write any minor problems off against experience. I have bought two new homes and learnt from each experience, but I will probably learn even more from the next one. I apologise for being so negative, but reality is like that.
