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 purchased a new home over two and half years ago. When we first moved in there was numerous problems. It was under one year warranty. We have had six water leaks within that year, our wooden floors have buckled and in one area my feet get wet when standing on it. They came and sanded down one part but you can still see it. Every thing that is wrong with this house was told to them within that year, they came and did but never really fixed anything. About a month or two before our warranty was up i called my realtor and she called my builder he said, warrenty don't mean nothing we will get everything fixed. I called him today and we were screaming at each other on the phone. He said the house is almost three years old and i have done and done. Trying to say everything is our fault. I told him if he would have done it right the first time none of this would be happeing. He says he doesn't know why my floor is buckling by my kitchen sink he has look and look at it but he dont know why. we have even had problems with mold in our closet from the master bath and they only came and wet vac it but mold still comes to top of carpet and i have to sweep it up. I don't even hang my clothes in my closet because of the smell. My window leaks when it rains and have to put down towels floor buckled, also our ceiling leaks when it rains looks like the ceiling and walls are peeling off and is very stained. And these are things they said they fixed. What can we do? Can we win this in court. What can we ask for? help help help thanks so much
sarai ali
Answer Hi Sarai,
My first reply got lost in the electronic haze so here is another go. You seem to have met the builder from hell. You do not say where you are located or the form of contract, so any advice will be very general.
You certainly must contact your local trading standards officer, or equivalent. They love dealing with rogue builders, and they are very helpful, if you have a proper case. Keep written notes of all your meetings and telephone conversations with the builder. Mould is often caused by bad ventilation where there is damp. Do not shout or become emotive. It will not help you if you have to go to court. If you cannot be calm and objective and I know that it is difficult, then get a third party to do the work for you.
I think that you need professional advice from someone who can visit your house. The cost should not be too high for the first visit.
My apologies for such a general answer, but I hope that it has been useful.
