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About Peter M. Elliott
(Top Expert on this page)

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')

You are here: Experts > Industry > Construction Industry > Construction Law

Questions Answered By Expert Peter M. Elliott
In Category Construction Law

Subject	Date Asked

my rights?	8/28/2008
Q: As a homeowner, I was wondering if I have any grounds for withholding money from my general ... A: I know how frustrated you feel, but delays are endemic in construction. You can deduct any actual ...
warranties	8/27/2008
Q: We have a customer who has refused to make final payment on time and materials. Since this occurred ... A: It all depends on what was stated in your contract, but generally unjustified failure to pay means ...
my rights?	8/27/2008
Q: As a homeowner, I was wondering if I have any grounds for withholding money from my general ... A: You must pay for compliant completed work. You do not have to pay for incomplete or non-compliant ...
subcontractor lean	8/26/2008
Q: Even though I have paid the General Contractor in full for services rendered, can a subcontract go ... A: The short answer is YES! if you do not have the correct piece of paper signed by your main ...
Progress Delay against Contractor own Programmed	8/26/2008
Q: Sir, Generally my project is a multi-million job with 112 weeks construction period using modified ... A: You don't say whether you are using FIDIC 4TH OR FIDIC 1999, but I guess that you are using FIDIC ...
Errors in description in BOQ	8/18/2008
Q: We are following the FIDIC type of contract. The quantities are fully re-measurable as per clause ... A: You must always ask if something has changed since the tender was submitted. From what you have ...
writing contractual letters	8/16/2008
Q: Sir, could you please advise me the source in the internet where I can get the knowledge of writing ... A: V.KRISHNAN, I do not know of any free information regarding standard letters for FIDIC contracts. ...
new home	8/13/2008
Q: I contracted to purchase a new home with custom built ins costing me 4200.00. I recently checked ... A: Unlikely to be a material breach of contract such that you could cancel your purchase. You could ...
EOT Claims for delays by authorities	8/13/2008
Q: For Fidic 1992, can the Contractor claim EOT for delays by Authorities such as Electricity ... A: It all depends on what is written into the Contract and who decides what is reasonable, which is not ...
new home	8/12/2008
Q: I contracted to purchase a new home with custom built ins costing me 4200.00. I recently checked ... A: Have you talked politely to the Contractor to see if he has made a genuine mistake? It does happen. ...
Variations and Extras in Construction Industry	8/8/2008
Q: I am a final year Bachelor of Architecture (Hons.) student from Malaysia. We used the PAM Form of ... A: I don't do college questions, and I don't know what 'extras' are. I know what are 'variations' ...
EoT - provisionally agreed in principle?	8/5/2008
Q: I'm working on an ICE 7th project for the Contractor and we've run into programme issues with the ... A: I don't have a copy of ICE 7th with me, so here are some general ideas. Time at large - I don't ...
variation order form	7/30/2008
Q: Elliott, My question is whether the engineer using FIDIC red book 1999 is obliged to send the ... A: This questions relates to the contract between the Engineer and the Employer, not to FIDIC 99 RED ...
Variations in Lumpsum Contract	7/24/2008
Q: I am dealing in FIDIC Contract 1987 4 th edition my questions are - 1.In a lumpsum contract can we ... A: I am not sure if you are the Contractor, the Engineer or the Employer, but the answer would be the ...
Authority of Engineer:: additional work to NSC	7/24/2008
Q: the additional work not in a provisional sum. Has the authority to the Engineer issue an instruction ... A: The Engineer has the right to issue an instruction to carry out the work and it is valued in ...
Authority of Engineer:: additional work to NSC	7/23/2008
Q: the additional work not in a provisional sum. Has the authority to the Engineer issue an instruction ... A: I presume that you are working to FIDIC 4th Edition rather than FIDIC 1999 and that it is a red book ...
Subcontractor Demobilization	7/18/2008
Q: Item 33.1 of FIDIC 4th ed. states the clearance of site on completion but it does not state what ... A: My apologies for the delayed answer but I have been travelling and a little busy. You do not ...
Lump sum contract	7/15/2008
Q: Respected sir I'm dealing with a FIDIC Contract 1987 4th edition. The contract agreement is signed ... A: Firstly my apologies for the delayed answer. I have been travelling and a little busy. Question 1 ...
what a builder	7/9/2008
Q: To be more clear, I would like to mention that at this stage my house is constructed and now i am ... A: There is a button for follow up questions, which adds both the previous question and the answer so ...
Site instruction and Variation order	7/8/2008
Q: I'm dealing with a contract as a contractor where engineer does not want to make a payment on ... A: So you have to follow the procedure in clause 20 and give notice of the intention to claim as soon ...
Site instruction and Variation order	7/8/2008
Q: I'm dealing with a contract as a contractor where engineer does not want to make a payment on ... A: You do not mention the form of contract, which would affect my comments, as there are differences ...
What a builder	7/7/2008
Q: I built a house here (kathmandu, Nepal) agreeing to built certain sq.ft. lets say 15000 @1247.67. ... A: I guess the builder has the right to increase the price, because of the word approximately. That is ...
eot	7/4/2008
Q: I was handled a project w/c are delays as per CL.6.3 & 6.4 and 42.2 of the fidic 4th edition. It was ... A: Talk to the Engineer and see which he prefers. Beware that you do not apply for OHP under both ...
INTERIM MEASUREMENTS OF PRECAST UINTS	7/1/2008
Q: I am looking for guidance on Interim certification of precast concrete elements while they are still ... A: They could be treated as materials on site, provided that the casting yard is part of the site, and ...
Change of Work Plan	6/27/2008
Q: A very good day to you. I hope you are in the best of health and happiness when you are reading this ... A: Suspension is covered by sub-clauses 8.8 - 8.11. These clauses detail the action that you must take ...
Builder has not paid his subcontractor	6/26/2008
Q: We (I and my husband) moved into our home November 2005. We supppose to have closed on our home in ... A: I am no specialist in this field of law, but here are some general comments. It seems that someone ...
Warranty	6/18/2008
Q: As per contract the contractor provided warranty for the mechines for two year.The contract ... A: I do not mind if people disagree with me, if they justify the comment, because that way I learn and ...
FIDIC 1987 reprint 1988	6/18/2008
Q: Extention of time for completion Sub-Clause 26.1, which says "The Contractor shall give to the ... A: Without knowing the full circumstance, I can give you some general advice only. An Engineer, who ...
Warranty	6/17/2008
Q: As per contract the contractor provided warranty for the mechines for two year.The contract ... A: Probably the Employer should pay for two years maintenance, either to the authorised company or the ...
no written contract / paid verbal amount still receiving bill	6/15/2008
Q: We had a give me a verbal estimate over the phone on worst case scenario on fixing our well water ... A: Verbal estimates, especially over the phone, are difficult. Even written estimates can have ...
Rates-Lump Sum-FIDIC 1987	6/14/2008
Q: We have an ongoing discussion with the Contractor regarding the rates listed in the BOQ. The ... A: The basic principle is that all changes are valued at the relevant date, e.g. date of submission of ...
FIDIC 1987 Art. 52.2	6/13/2008
Q: Could you please answer my questions regarding part of the FIDIC 1987 Art. 52.2? The part of the ... A: I am missing something here. This part of clause 52 applies to varied rates only, not to valuation. ...
Payment for materials not in their final form	6/11/2008
Q: We have a FIDIC New Red Book contract for the construction of a water distribution network using ... A: You do not mention the location, nationalities involved or applicable law, So here are some general ...
lien	6/8/2008
Q: I am a homeowner in California. I recently hired a man to do concrete work at my house under a ... A: He can apply for a lien because he has done work and you have not paid him. Lots of web sites on ...
Claims under EPC/Turnkey project silver book	6/4/2008
Q: we have a peculiar problem, Letter of intent was signed in october'06 based on drawings and the ... A: Claims under Silver Book are really difficult. The contractor is really, really exposed. I suppose ...
Realtor Problems	6/3/2008
Q: I live in Texas and sold my old home thru a realtor. My plans were to build a home after. During ... A: I think that there is something wrong here. Was her fee really only US$1,000 or have you missed a ...
Claims under EPC/Turnkey project silver book	6/3/2008
Q: we have a peculiar problem, Letter of intent was signed in october'06 based on drawings and the ... A: Letters of intent are a pain and to be avoided at all costs, but that is no good to you now. Were ...
Swimming Pool Depth	5/29/2008
Q: I am close to having our inground pool complete. It has not been very warm to swim in yet. ... A: Sorry Jeff, but not a lot. Don't know where you are located nor the applicable law so the following ...
EoT	5/28/2008
Q: I am a QS preparing an EoT claim caused by "exceptionally inclement weather" on behalf of a Building ... A: There are only two things which matter - the applicable law and the actual words in the Contract. ...
Cracked tile.	5/16/2008
Q: I had a subcontractor install tile. The tile cracked. I had another sub redo it because I figure ... A: You insulted the guy and now you want to add injury to insult. You have no chance, but you can try ...
EOT claim for Material Shortage	5/16/2008
Q: Can the contractor claim for EOT for shortage of cement under FIDIC 1987 Lump Sum Contract? And ... A: Contractually you are correct, but under the civil code the Contractor could have a case. However, ...
Cracked tile.	5/14/2008
Q: I had a subcontractor install tile. The tile cracked. I had another sub redo it because I figure ... A: You can bill him but will you get paid? You do not mention the form of contract or the location so ...
nominated subcontractor	5/14/2008
Q: we are a government department,the main work is awarded to the main contractor according to 1999 ... A: Are the subcontractors specified as nominated subcontractors? I hope not, as nominated ...
Bad Concrete Patio	5/11/2008
Q: Elliott: My husband and I live in New Jersey and hired a contractor a few years ago to put in a ... A: My apologies for the delayed response, but I am in the Horn of Africa and the internet connection is ...
EOT claim for Material Shortage	5/11/2008
Q: Can the contractor claim for EOT for shortage of cement under FIDIC 1987 Lump Sum Contract? And ... A: The supply of materials is considered to be a Contractor's risk and thus not the basis for an EoT. ...
Dissertation Topic	5/10/2008
Q: I am having my MSc degree in one of the British schools and i would really appreciate if you could ... A: The use of dispute resolution boards, or dispute adjudication boards -are they becoming too ...
verbal agreement	5/10/2008
Q: I accepted a check for roofing material for a job and delivered the material . another contractor ... A: Without knowledge of the location and the applicable law, my general answer would be that the ...
VO in a Lump sum contract	4/28/2008
Q: Im handling lump sum fixed contract subject for remeasurement of the portion with ommission and ... A: You don't mention the form of contract nor the applicable law, so the following remarks will be ...
FIDIC	4/24/2008
Q: We are builders. The FIDIC short form that is being used gives the owner the right to supply items ... A: Something strange here. The Employer or the Engineer should issue a variation order deleting work ...
Compensation for Extention of Time	4/22/2008
Q: In case of where Hudson's Formula used for calculating compensable overhead and profit, is ... A: This subject is rather complicated, and I am under a lot of pressure at present so I would ask you ...
Entitlement to be paid	4/21/2008
Q: I am an interior subcontractor based in Dubai, UAE, working on mainly Red book FIDIC contracts or ... A: I presume that this question is a continuation of your earlier one. You can claim costs, overheads ...
Prime Cost rates in Lump Sum Contracts	4/19/2008
Q: Elliott, I hope all is well, and I wish to thank you for your expert opinions that guided me in ... A: Subject to any special clauses or definitions in the Conditions of Contract or the preambles to the ...
Prime Cost rates in Lump Sum Contracts	4/18/2008
Q: Elliott, I hope all is well, and I wish to thank you for your expert opinions that guided me in ... A: I am confused by your question. Prime costs sums are normally used for work by nominated ...
subcontractor contract	4/15/2008
Q: I am a GC and am in a position where I need to terminate a contract with a sub. We are in the early ... A: Oh Dear! The road to hell is paved with good intentions. I don't know where you are located, so ...
ability of sub contractor to place a lien	4/9/2008
Q: I hired a contractor to do some work on my home in Indianapolis, IN. He hired a sub-contractor to ... A: The court can order your house to be sold, which might be at a lower price than if you sold it, if ...
variation dispute in a concrete jobs quote	4/7/2008
Q: i have recently completed the laying of a driveway in Australia. the job was quoted at a certain ... A: Don't know much about Australian law, but here are some ideas. Will you be able to resell the ...
final payment on a contract	4/3/2008
Q: I am a painting contractor. We did a hotel in Marianna Florida which opened in mid-March. The owner ... A: It's not legal, but what can you do? What does your contract say about payment times and what ...
no verbal agreements clause	4/1/2008
Q: British Columbia, Canada. We are having a dispute with our builder who is not wanting to recognize ... A: Are you stupid or just plain contrary? What part of 'no verbal agreement' do you not understand? ...
ability of sub contractor to place a lien	3/29/2008
Q: I hired a contractor to do some work on my home in Indianapolis, IN. He hired a sub-contractor to ... A: Experience is expensive and life is a learning experience. Do a search for mechanic's lien on the ...
Allocation of Labour when projects are delayed	3/26/2008
Q: We are an interior fitout subcontractor in Dubai, UAE. Based on FIDIC, I would like to ask that if ... A: You do not mention if you are using the FIDIC Subcontract conditions of contract or another form of ...
Construction bond	3/24/2008
Q: Typically in international trade LC's, shipping documents, inspection certificates and contracts are ... A: A full answer is beyond the scope of this service, but here are a few thoughts. 1. I think that you ...
Termimnation of a standard form contact	3/19/2008
Q: A friend is bound into a contract for the modernisation of a disused factory that he owns. There was ... A: Do you want to terminate the contract for cause or cancel the contract for convenience? In either ...
Unforeseeable physical conditions	3/19/2008
Q: I have a case related with Fidic yellow book, clause 1.9. In the Tender documents the Employer made ... A: Clause 5.1 Errors in the Employer's Requirements is probably the relevant clause or alternatively ...
Liquidtaed Damages	3/19/2008
Q: I am working as a planning engineer for a project management consultancy in dubai. We are using ... A: 1. Liquidated damages are applied in accordance with clause 47, by deduction from the interim ...
Basement Problems	3/17/2008
Q: We had a reputable basement builder build our basement. Ok the walls are cracking and leaking. this ... A: You go after his warranty in a big way. He has to provide a construction which is fit for purpose ...
Provisional Sums - General Costs - FIDIC IV	3/14/2008
Q: Under FIDIC IV (1992)if a Provisional Sum is instructed by the Engineer can the full costs of the ... A: I am confused. What related General Costs are being reduced by the Engineer? Is he reducing the ...
Employer's Requirement	3/13/2008
Q: Contractor's General obligation ( Yellow Fidic 4.1) According to this clause the Contractor shall ... A: Have you submitted a claim under 20.1, mentioning clause 1.9, which has been rejected formally by ...
material cost escalation	3/12/2008
Q: for the last 6 months the material price increased 10% to 20% we have signed the contract for MEP ... A: Naser, Unfortunately, but the short answer is no, if there is no escalation clause in the contract. ...
variation	3/12/2008
Q: 1-what is the maximum percentage of effective contract value by which the contract can be increase ... A: 1. It appears that the new rate is dependent on the variation in the item rather than the total ...
Employer's Requirement	3/11/2008
Q: Contractor's General obligation ( Yellow Fidic 4.1) According to this clause the Contractor shall ... A: I am not sure that I have sufficient information to give you a useful answer, I assume that the ...
EOT	3/8/2008
Q: My project is construction of high rise building ,Our contract Based on Fidic 1987.Duration of the ... A: You can claim an EoT if you can prove it, plus time related overheads. Other overheads, such as ...
Punch List	3/5/2008
Q: Is there a time limit on how long a customer can wait to give a contractor a punch list, after the ... A: It depends on the form of contract, but generally the punch list has to be provided before ...
roofing contract	3/5/2008
Q: I signed a paper, contract with a roofer who was going door to door after a recent hail storm. I ... A: I am having real pain with the internet connection here. You do not give your location, but most ...
INCLEMENT WEATHER- EXTENSION OF TIME	3/4/2008
Q: I am professionally a Civil Engineer and Project Manager in the Road Sector in Tanzania. Many a time ... A: Many better minds than mine has been troubled by this question for at least two hundred years. ...
Claim	2/28/2008
Q: Elliot We are the contractor of a roadway project in Gulf. The project is widening of a road which ... A: I would expect the bridge to be connected to the rest of the project if only in the programme for ...
Claim	2/28/2008
Q: Elliot We are the contractor of a roadway project in Gulf. The project is widening of a road which ... A: You do not state the form of contract, which is very important to give you a proper answer. You ...
BOQ	2/26/2008
Q: i had an item in the BOQ for a particular quantity. but actually as per drawings and specification ... A: I guess that you have not worked with FIDIC or one of the similar contract before. Remeasureable ...
Lean Construction	2/25/2008
Q: Can you please define the meaning of Lean construction?I have heard this from a client's ... A: I didn't have much idea so you are not alone, but if you google 'lean construction', you will find ...
Valuation of Claim	2/21/2008
Q: I am QS on a lump sum FIDIC 4th edition contract where a provisional sum has been released and then ... A: Two points - firstly, the Employer does not have the right to cancel work, once it has been ordered, ...
New design for bridge	2/20/2008
Q: we are a contractor ,we make the handing over for bridge construction project and after 45 days the ... A: You do not say if the form of contract is FIDIC 4th Edition, FIDIC 1999, or the MoC's own form of ...
New design for bridge	2/19/2008
Q: we are a contractor ,we make the handing over for bridge construction project and after 45 days the ... A: You do not state the form of contract, the value of the Contract, the value of the bridge relative ...
Nominated Sub-Contracts	2/19/2008
Q: I'm working on a project where we are required to procure a specialist subcontractor prior to the ... A: The best solution is to use a novation agreement. Have the look at the site ...
Contract canceled	2/16/2008
Q: I'm hoping to get some guidance on a cancellation of contract issue. I'm a contractor and just had ... A: You do not say the ruling law, or the form of contract, so the following advice will be based on the ...
Breach of contract? Forced closing...	2/11/2008
Q: Our builder never provided the Closing Amendment, per his contrtact for a closing date. His sales ... A: I hate bullies, especially those that cause unnecessary stress at a time of stress. I am not sure ...
Abandonment	1/22/2008
Q: My contractor, for a remodel, came in and did the demo work (took the roof off my cabin). After ... A: You say that 'you have more money in the job than you should'. Do you mean that you have paid more ...
Subcontractors	1/16/2008
Q: Sir, I am a main contractor dealing with the new red book. In general as a main contractor i deal ... A: Let us get one thing straight. Contractually, you do not raise a claim on behalf of a ...
Subcontractors	1/15/2008
Q: Sir, I am a main contractor dealing with the new red book. In general as a main contractor i deal ... A: You raise some interesting questions. Firstly I would avoid nominated subcontractors like the ...
Additional profit	1/14/2008
Q: I am preparing a claim concerning a construction project that was executed according to terms issued ... A: Although you mention the location, you do not mention the form of contract, nor the relevant legal ...
cost claim	12/4/2007
Q: I got one serious issue over here. As I told you before I¡¯m the contract manager (Contractor) ... A: I am not impressed with questioners who ask the same question of two experts. Are you trying to ...
Extra work	12/1/2007
Q: I would like to have one kind suggetion from you for the Mekenajo-Nejo Road Project Ethiopia. In ... A: If the Engineer instructs you to do extra work, you cannot refuse to carry out the instruction. The ...
breach of contract	11/30/2007
Q: i have a contractor working on my house who hasn't finished the work witch is 3 months over due,also ... A: You tell him to shape up or ship out - send him a letter saying that he must finish the work within ...
Client decided to pay partial money due	11/29/2007
Q: I live in Maryland and have a construction company. We contracted to build a daycare center. The ... A: You are paid to build in accordance with the Employer’s instructions. You are not paid to be ...
Abandonment	11/29/2007
Q: My contractor, for a remodel, came in and did the demo work (took the roof off my cabin). After ... A: Did he justify the extra cost? Is it a large proportion of the original estimate? Do you think that ...
loss as a result of employer default	11/21/2007
Q: can i claim for loss of profit during a period of time where employer suspended 95% of the project's ... A: It depends on the form of contract. Under FIDIC 1999, clause 8.8 allows cost only, without profit. ...
Mechanic's lien	11/20/2007
Q: I placed a lien on a piece of property in North Carolina. My question is how long does that lien ... A: I am not a specialist in lien law, nor in the legislation for North Carolina, but it seems that the ...
Contractor tries to push costs on me	11/16/2007
Q: Here's the issue: I have signed a contract to build a garage that states work to be start on a ... A: Anybody can do anything, but they must pay the cost. You do not mention the sums involved. In ...
cost plus went way over budget	11/13/2007
Q: I signed a ahnd written cost plus 10% contract. The builder gave me a signed piece of paper showign ... A: You do not say why you picked this builder or why you chose a cost plus contract. Cost plus ...
Compensation for Employer Delays	11/12/2007
Q: Under FIDIC 1999 Plant and Design Build contract, there is an entitlement to extension of time for ... A: An interesting question. You might also consider making a claim under clause 8.4d, if relevant. ...
verbal construction warranty on remodel	11/2/2007
Q: I received a 1 year verbal warranty from a floor laying company. Is this promise enforceable in ... A: Verbal or written a warranty is a warranty, but what did the warranty cover - bad materials, ...
EOT Claim	11/1/2007
Q: I am in the preparation of a determination report on the Contractor's EOT claim of the following ... A: I presume that you are using FIDIC 4th Edition. This form has at least a couple of problems with ...
Contractor Pricing Error	10/17/2007
Q: My husband and I are building a home in Minnesota. Our general contractor has a signed contract ... A: So the guy made a mistake. Tough! Is that your fault? Why should you pay for his incompetence, or ...
FIDIC Clause 6.3	10/16/2007
Q: An issue regarding the above Clause has arisen and I would appreciate your opinion as to the ... A: I am not sure of the background to this question, but here is my opinion regarding clause 6.3. I ...
Slow payment	10/13/2007
Q: I am a remodeller who worked on a good size project last year for a longtime client (10 yrs.). It ... A: In laws can be a pain. I was very lucky with mine. You have a contract, even if it is not in ...
Construction Problems	10/9/2007
Q: My husband and I recently built a new home which we have moved into with many punchlist items to be ... A: Some people should never be let out of their cradle. You seem to have found the plumber from hell. ...
Concrete contractor	10/8/2007
Q: I live in upstate New York and I recently hired a contractor to replace the concrete decking around ... A: 'Ripped off', 'sloppy' and 'careless' are emotive words. Emotion and aesthetics have little to do ...
real estate fee	10/8/2007
Q: I met a real estate at an apartment. Before she met me she didn't even tell me she was a real ... A: This question does not relate to construction law, but rather to contract law or real estate, but I ...
breakdown of unit rates	10/3/2007
Q: Under the 1999 FIDIC form of contracts is the contractor under any contractual obligation to submit ... A: I do not think that the Contractor is under a contractual obligation to provide a breakdown of ALL ...
Claim for loss of overhead and profit	10/1/2007
Q: I have carried out works for a main contractor who mistakenly instructed a third party to carry out ... A: You do not mention the appropriate law nor the form of contract so this advice will be rather ...
time extension	8/29/2007
Q: i want to ask you about the fairness of an architect or an engineer in calculating time extension in ... A: You ask me a vague ill defined question, mark me down for knowledge and clarity and then you have ...
time extension	8/28/2007
Q: i want to ask you about the fairness of an architect or an engineer in calculating time extension in ... A: What is fair? Decisions either comply with the law and the Contract or they do not. You did not ...
Recovery of cost for temporary accomodation	8/22/2007
Q: Here is my question The Contractor was supposed to provide the Engineer with a temporary ... A: You have two choices - either recover the expense from the Contractor and pay him in full the item ...
Threat of Lein	8/20/2007
Q: My boyfriend & I hired a contractor (referred by our plumber) to initially install a vinyl shower ... A: Relax. Take a deep breath and relax. I wish that I could find people as kind and as generous as ...
FIDIC Conditions	8/8/2007
Q: Clause 52 of the conditions states that if the quantity of any Item exceeds 125 percent of that ... A: Please read this answer very carefully and do not assume that I did not answer your question. My ...
CONTRACT LAWSUIT	8/8/2007
Q: Elliott i have a $525,000.00 contract with a home owner and at the time of my second draw they came ... A: Ask yourself, have you made a reasonable profit? Can you find a new contract easily? If yes, learn ...
FIDIC Conditions	8/6/2007
Q: Clause 52 of the conditions states that if the quantity of any Item exceeds 125 percent of that ... A: The Engineer shall adjust the rate. The Engineer has to take account of when the change is known ...
mechanical lien	8/3/2007
Q: We are building a new home and gave the plans to 5 different contractors to bid the job. We received ... A: I hate bullies. I cannot tell if his claim has merit without examining all the documents, but I ...
FIDIC Red Book - Extention of Time to 'Part'	8/1/2007
Q: Scenario: * No specific 'sections' are defined in the Appendix to tender. * The Contract is 'Lump ... A: The Extension of Time refers to the Time for Completion, which is a fixed period. Therefore, an ...
profit sum not included in unit rates	7/28/2007
Q: Is the Contractor entitled to profit sum from all the sums he earned under the contract? This is ... A: The contractor is entitled to profit, but what profit is he entitled to? It sounds about normal for ...
Idle rate	7/28/2007
Q: Further to my previos request on underutilization of machinaries/ equipment, I have another request ... A: Why 75%? Why not 50% or 78.39%? The Contractor is reimbursed his actual proven costs, not his ...
underutilization of machinaries	7/28/2007
Q: Let's say extension of time is issued to the contractor due to some additional works related with ... A: I need to clarify a few things. What form of contract are you using? I assume: The time for ...
FIDIC Conditions	7/27/2007
Q: Clause 52 of the conditions states that if the quantity of any Item exceeds 125 percent of that ... A: I apologise for the delayed response, but I had to find a copy of the 4th. Edition to check the ...
Extension of time-Fidic 4. English Law	7/25/2007
Q: Could you please clarify the first paragraph.Does it mean that liquidated damages can be applied fom ... A: This is a new subject rather than a follow up. site set up would include all time related costs ...
Breech of Contract?	7/24/2007
Q: I signed a contract with my contractor to build my house in 6 months which expired in March 2007. ... A: Why do people join a society if they do not want to live by the rules? People drink and drive, ...
Proposal vs Written contract.	7/23/2007
Q: We know a contractor that we asked to do some contracting work for the excavation, foundation ... A: Please read the instructions regarding questions on the front page. I am in Eritrea and the ...
Delay of project due to clients decissions	7/22/2007
Q: Let us assume We are contractors, we committed a project to complete in 1 year.The contract is a ... A: You didn't give your location nor the form of contract. I am answering questions based on FIDIC ...
Home Construction	7/19/2007
Q: Peter, my wife and i began building a home 10 months ago. We had decided to be the contractors, but ... A: It is worth taking him to court if you get paid, including your legal expenses, which is about as ...
Contractor breech of contract and change orders	7/19/2007
Q: Our contractor ststed in the original contract that he would follow the design plans, he has not. He ... A: Don't you read the instructions! I am in Eritrea with an inconsistent internet connection, which is ...
Home Construction	7/18/2007
Q: Peter, my wife and i began building a home 10 months ago. We had decided to be the contractors, but ... A: If I knew which leg you needed to stand on, then I could tell you. What do you want? Revenge? A ...
Payment of Materials delivered to site	7/15/2007
Q: Mr Elliot, you have helped me before my particular query this time on the above issue of materials ... A: I think that I included the essence of the answer to this question in my previous answer. If you ...
damages due to flood.	7/10/2007
Q: we are working on a highway project in hilly area. actual Date of completion was Sept. 2006. Due to ... A: Just because this is a free service, it does not excuse questions which show a lack of preparation. ...
damages due to flood.	7/9/2007
Q: we are working on a highway project in hilly area. actual Date of completion was Sept. 2006. Due to ... A: Provided that the Works were not taken over and accepted by the Employer, this kind of damage is ...
Construction Perm Loan	7/2/2007
Q: Bank issues CP loan for 640K. Construction Portion is $565,000. Per our contract with the Bank all ... A: My apologies for the delay, but I have real problems connecting the internet here in Eritrea. If ...
claim on strikes, n road closers	6/30/2007
Q: I'm a contractor working in nepal for an one hydraulic structure based on Red Book 1987 fourth ... A: Normally, this type of event would be covered by force majeure, but it is not defined in this form ...
construction	6/27/2007
Q: A: Please accept my apologies for the delayed response but it has taken 3 days to get a working ...
prolongation costs	6/18/2007
Q: I am sure you've read this work. E.C. Corbett, FIDIC 4th – A Practical Legal Guide, Sweet & Maxwell, ... A: Of course, especially if there is custom and practice on your side. For example, in Romania it is ...
eot issue	6/17/2007
Q: this project comencement date is dec 2005 and completion is 2006. till now 2007 the project has not ... A: I don't understand the purpose of the NOC, but I suppose that it is something to do with UAE law. ...
eot issue	6/16/2007
Q: this project comencement date is dec 2005 and completion is 2006. till now 2007 the project has not ... A: I am not sure that I understand your situation correctly. You say that the commencement date was ...
MATERIAL AT SITE PAYMENT ACCORDING TO FIDIC	6/16/2007
Q: We have a contract funded by JBIC, the governing clauses for the payment at site is 75% of the ... A: I have no idea as to the value of the item relative to the monthly IPC, but you seem to be making ...
VO after completion	6/13/2007
Q: Pls refer to the following comment: http://en.allexperts.com/q/Construction-Law-914/f_4624293.htm A: This case relied on the facts of the case and the form of contract in use for that particular ...
prolongation costs	6/13/2007
Q: I am sure you've read this work. E.C. Corbett, FIDIC 4th – A Practical Legal Guide, Sweet & Maxwell, ... A: Remember that this book was written some time ago and, although it is still generally good, opinion ...
Subcontractor's pay when paid clause	6/12/2007
Q: I have a situation regarding a pay-when-paid arrangement between a main contractor and a domestic ... A: Rumours of sharp practice by both developers and contractors in Dubai are becoming more common, ...
MATERIAL AT SITE PAYMENT ACCORDING TO FIDIC	6/11/2007
Q: We have a contract funded by JBIC, the governing clauses for the payment at site is 75% of the ... A: You do not specify if you are contractor, engineer or employer, but it does not matter as the answer ...
Prolongation Cost associated with EoT	6/6/2007
Q: I have a situation here and I need your Expert opinion for this case: For the Case of EOT granted ... A: I suggest that the answers to your questions can be found in the SCL Protocol on their site ...
Contractor's completion of "punch list" repairs	5/30/2007
Q: I live in Indiana in the USA, and was hoping you could help me out. I am curious to know how long a ... A: I have no knowledge of the laws of Indiana, but a general rule would be within 12 months of closure. ...
Warranties	5/25/2007
Q: A subcontractor is threatening to void his warranties if he does not receive final payment. Can he ... A: If the work is non-compliant, then the sub-contractor has an absolute obligation to correct or ...
Warranties	5/24/2007
Q: A subcontractor is threatening to void his warranties if he does not receive final payment. Can he ... A: Of course anyone can do anything they like, but at what cost? I do not understand the situation. ...
rebate	5/23/2007
Q: peter! we signed a contract of ADB road project giving rebate (additional letter not on BID) as! we ... A: Is the offer letter mentioned in the list of contract documents, in one way or another, perhaps as ...
Loss of profit in a construction project. Can we claim it?	5/23/2007
Q: We handled a construction project in Sri Lanka. The contract sum in the contract document was 311 ... A: You can make a claim for loss of profit and non-recovery of overheads, but it is very difficult to ...
Reimbursement of custom duty.	5/20/2007
Q: I'm working as a contract manager from contractor for Irrigation project in Nepal. the project is ... A: You can always make a claim but, sometimes, the claim is not cost effective due to the cost and ...
CONSTRUCTION LAW	5/17/2007
Q: Elliot, I submitted to you a question. Unfortunately, I did not save a copy. But when the answer ... A: Here is my original answer. Please try not to lose it again, as, currently, I am under a lot of ...
Completion penalty clauses	5/15/2007
Q: I last spoke with you on 3/5/07 about contractor problems my wife and I were having. I decided to ... A: For the next month, I am refusing all questions except those directly related to FIDIC Conditions of ...
clause 52.3 Variations Exceeding 15 percent	5/6/2007
Q: Pursuant to clause 52.3 Variations Exceeding 15 percent; 1-If there is 15% addition and 15% ... A: The clause is clear and specific. The intention is to compensate the Contractor for any costs, ...
Delay and Extension of Time	4/29/2007
Q: I am suppose to give my report in connection with several Claims submitted by Contractors, which all ... A: You should pay the money and employ someone who knows the procedures or pay for training. It will ...
Architects Instructions	4/27/2007
Q: I have a question under FIDIC, conditions of contract for building and engineering works designed by ... A: I am not sure if you are working with FIDIC 4th edition or FIDIC 1999 first edition. The definition ...
cancelling roofing contract	4/27/2007
Q: State - Wisconsin Signed a contract for roofing work. One of those simple one page contracts which ... A: 1. you are legally bound to pay for compliant completed work. Read other answers for a better way ...
Extension of Time	4/23/2007
Q: Elliott I am not sure if you still remember me or not, but I have asked a question maybe 3 - 4 ... A: Firstly, my apologies for the delay, but I am overloaded again! I really ought to book myself out ...
basement delay	4/19/2007
Q: In nov. I signed a contract to finished my basement in 8 weeks barring any delays in materials. it's ... A: Apologies for the delay but I am under pressure, but do not like to book out as on holiday in case ...
Builder problems	4/17/2007
Q: I wonder if you can help me, back in 2003 I had an extension built onto the back of my parents ... A: I am under real pressure at the moment, so this answer will be fast and dirty. Realistically, you ...
Loss of profit	4/5/2007
Q: Elliott, I'm preparing a prolongation claim but i have no idea how to claim the loss of profit. ie ... A: Claims for loss of profit are notoriously difficult to prove and win. You have to prove that you ...
Discount for incomplete job performance	4/2/2007
Q: I hired a local do-it-yourself company to remodel my kitchen. The layout of the kitchen was mutually ... A: What is slow and what is poor quality? You are using emotive words. Either the work or progress is ...
Recourse on lien	3/30/2007
Q: I recently accepted a bid to have a fence installed around my property. The signed bid included all ... A: There are lots of websites on liens, both commercial and non-commercial, state and federal. If you ...
refusal to pay	3/29/2007
Q: can investors hire you to work and after you have supplied materials and labor hire someone else to ... A: They can and it would appear that they have, but is it legal? That's a different question. It ...
when a builder runs out an a homeowner	3/28/2007
Q: What recourse does a homeowner have when the builder runs out on them and the home is unfinished? ... A: It all depends on your contract with the builder. I presume that you restricted his draws to 90% of ...
Construction Law	3/26/2007
Q: When a client do a contract with a main contractor with his own design and build terms and ... A: You do not mention the form of contract or the applicable law so this advice will be rather in ...
Billing Dispute	3/19/2007
Q: We hired a contractor to refinish our floors. The estimate was for the company to refinish the ... A: It all depends on how good your paperwork and evidence is. Do you have photos of your house before ...
breach of contract?	3/15/2007
Q: I live in Michigan and recently purchased a condo. There was no "formal" or signed contract. ... A: Learning is O.K., if you want to do better than the developer, but not if the intent is to crucify ...
breach of contract?	3/15/2007
Q: I live in Michigan and recently purchased a condo. There was no "formal" or signed contract. ... A: This question relates to the law of fraud rather than breach of contract. Rather than just fob you ...
Can I cancel this contract	3/5/2007
Q: Mr. Elliot: My name is Andre' and thank you for your prompt response to my wife's inquiry. The ... A: It depends on how rich you are, because it is uncertain that you will recover the cost of any legal ...
Can I cancel this contract	3/4/2007
Q: My husband and I entered into a contract in October, 2006 to do repairs to fix damage caused by ... A: You can always cancel a contract, but at what cost? I presume that you want to terminate without ...
construction lien	2/13/2007
Q: We have a fixed contract with a builder to build our vacation home to shell stage, (It is house kit ... A: The first response to a claim is to put in a bigger counter claim. Standard tactics. He must prove ...
small claims court	2/12/2007
Q: I hired a pool contractor to resurface our pool, deck and add a deck drain. In addition, on the ... A: Of course you can sue him in the small claims court, but for what amount and will you get any money? ...
Release from Performance	2/1/2007
Q: Elliott I have read with great interest your valuable professional answers to previous Q's which it ... A: Flattery is always welcome. Unfortunately, I have been travelling UK, Ghana, Romania, Ghana, all ...
perliminary land evaluation	1/22/2007
Q: We had a 2 level barn/home built and after the contract was signed, the builder continued to add ... A: Firstly, my apologies for the delayed response. There may be a law suit here, depending on the ...
AR new home tbuilder that is overrunning	1/16/2007
Q: I am building a home in Arkansas. We began the project in April, 2006. The scheduled completion date ... A: Firstly, please accept my apologies for a rather slow reply, but I have been travelling rather a lot ...
Slow Subcontractor	1/8/2007
Q: We signed a contract with a drywall contractor to hang and finish the drywall and skim coat the ... A: If there is no agreed time, then the work has to be finished in a 'reasonable' time. If the ...
clause 52.2 and 52.3 of fidic	1/8/2007
Q: we are a wel reputed construction firm in pakistan my question is about clause 52.2. some of BOQ ... A: If applicable, the revised rate, which could increase or decrease, will apply to all relevant ...
placing a lien	1/5/2007
Q: I was wondering if you could give me some information about placing a lien on a homeowner. My ... A: You don't mention the form of contract nor the location, so the following comments are general. Get ...
delays holding up other contractors	12/28/2006
Q: I am building a house in FLA. I hired a sub contractor to do framing,electric,ac ... A: This question is not related to FIDIC and I have no knowledge of local laws in Fla., so the ...
Liens from materials suppliers	12/12/2006
Q: I own a construction company and unfortunately got behind on my bill. I've kept in very good contact ... A: You don't say how much is owed and the rate at which you have been clearing the debt, which may have ...
FIDIC Employers powers	12/6/2006
Q: Many thanks for the rapid response and clear answer to the issue. As far as We see it here in ... A: It's a pleasure to know that the advice has been helpful. You could always try for loss of profit ...
FIDIC Employers powers	12/5/2006
Q: Can the employer under Fidic, original form, order early completion of a contract as a variation and ... A: I’m not sure what you mean by ‘original form’, but I shall assume that you mean the FIDIC 4th ...
penalty for bad work performance	11/25/2006
Q: asking about some type of activities is executed not as per project specification 100 but the ... A: It depends on the conditions of contract. Some will allow for this deduction and others are silent. ...
Construction contract failure to perform	11/22/2006
Q: He has done some work which began in the fall and when winter came he kept making up excuses why he ... A: Nice to know that the advice works if only sometimes. The solution is the standard one - write to ...
Contract with basement waterproofer	11/20/2006
Q: As a follow up sir, do I need to make the cancellation in writing? And I did make a deposit of $650 ... A: If it's not in writing, it does not exist in construction. All communications must be in writing if ...
Contract with basement waterproofer	11/19/2006
Q: I contracted with an area waterproofer who claimed I had several signs of water damage from an ... A: You can always cancel a contract. I presume that you want to cancel it without cost. If you are ...
Construction	11/17/2006
Q: I hired a general contr. to renovate a building. It was a 9-10 month job that has taken 2 years ... A: You can withhold payment for the non-compliant and unfinished work, but you must pay him for all ...
Projects transfer of ownership	11/16/2006
Q: I have two brothers that both have a seperate contracts with me for custom homes. We have not broken ... A: I have no experience of the AGC form of contract and I cannot find an electronic format on the web, ...
PAYMENT TO CONTRACTOR	11/9/2006
Q: ARE ALL MATERIALS ,DELIVERED TO SITE BY THE CONTRACTOR , TO BE CERTIFIED VIA PAYMENT CERTIFICATE ?, ... A: It depends entirely on what is written in the contract. Some contracts allow payment for temporary ...
legal bindance of Fidic rules	11/8/2006
Q: What is the legal bindance of the Fidic rules? Are they somehow applicable in a procurement ... A: I am uncertain as to the meaning intended by the words 'legal bindance'. It depends on the country ...
Mechanics liens	11/7/2006
Q: We reside in Avon, Ohio. We had our basement finished by a contractor, Friar Home Improvement, it ... A: The sad fact is that you need to get the liens removed, or, in a worst case scenario, you could lose ...
sub contractor payment by contractor in florida	10/29/2006
Q: we are sud contractors for swimming pool plumbing and the prices are being changed because he said ... A: Why does this contractor think that he does not have to pay for things sold to the owner? Is he ...
house built less than 1 yr	10/28/2006
Q: Elliott, My home was built less than a year ago. When I purchased the home the property line was ... A: Questions on property boundary problems are outside my experience, but I guess you should contact ...
sub contractor payment by contractor in florida	10/27/2006
Q: if you submit a price sheet to the contractor with you acting as a sub contractor, can the ... A: It all depends on your contract with the Contractor. If the Contract allows the contractor to do ...
Poor Workmanship Suit	10/26/2006
Q: My husband is a fully licensed and insured contractor in the State of Virginia. He receives most of ... A: The sad thing is that people can do all sorts of strange things when money is involved. To ...
roof repair not done correctly	10/20/2006
Q: I would like to know my rights in paying the roofer who replaced our roof. He did not finish ... A: This question is similar to many others. Please read recent answers for the details. Write to ...
Breach of Contract	10/16/2006
Q: We have a condo that is being built. In the orginal agreement of sale all unit owners are ... A: You do not have to waive your rights, without proper compensation, nor do you have to accept his ...
Lien Removal	10/13/2006
Q: We signed a contract with a builder to have our dream home built Sept. 2005. In January 2006 the ... A: I don’t answer questions on fraud. You need another expert for that type of question. I answer ...
non performance of contract	10/13/2006
Q: my question is how do i termenat a contract when work has not been done after a flood in my home. ... A: Have a look at previous answers because I have answered many similar questions. Give him 14 days to ...
Major Changes to a New Construction Community	10/12/2006
Q: When my wife and I first signed the contract with Ryan Homes for a townhome in the DC area, they had ... A: I am sorry to hear that you have been caught in the economic downturn. Generally builders like to ...
suing the builder	10/4/2006
Q: can i sue the builder for taking an uneccsary amount of time on the house? there is no clause in the ... A: What is an ‘unnecessary amount of time’, especially as you have no completion date written into your ...
Construction Warranties	10/4/2006
Q: Peter; I hope you can help me. I'll try to be brief. My husband and I purchased a newly constructed ... A: This problem is way outside my experience, as I do not have, nor claim to have, any knowledge of ...
deposits	10/3/2006
Q: Having given a supplier a large deposit on custom windows we now wish to cancel the project The ... A: I suppose that your real question is how can I minimise my costs, or even get my deposit back? ...
Mechanic's Lien Time Limit Expired	10/1/2006
Q: I have almost finished building a house in New Hampshire,USA. I am acting as the general contractor ... A: Nice to know that experienced general contractors can have problems with builders <g> 1. It ...
Construction contract failure to perform	9/28/2006
Q: He has done some work which began in the fall and when winter came he kept making up excuses why he ... A: It's a pleasure. If you want, there is an opportunity to make your comments public, so that others ...
PENALTY/BONUS	9/27/2006
Q: IS IT LEGAL TO HAVE A PENALTY CLAUSE IN A CONTRACT WITHOUT A BONUS CLAUSE INCLUDED IN THE STATE OF ... A: I have no detailed knowledge of laws in Indiana State, but two points to consider:- 1. only the ...
Definitions	9/27/2006
Q: Could you please provide me with the updated definitions of "Employer's (Owner's) Representative"; ... A: The definitions vary according to the form of contract, so refer to the relevant conditions of ...
Construction contract failure to perform	9/26/2006
Q: I have a contract to rebuild a burnt building. There is no finish date in the contract but the ... A: Why did you leave it so long? I do not know the terms of your contract, but here is some general ...
Overages with fixed contract	9/26/2006
Q: In Sept of 2005 we hired a General Contractor to build our home from start to finish. We live in ... A: There are several things which I do not understand about this situation. I do not understand why ...
bid	9/24/2006
Q: I would like to know the bid process? Thank you A: Have a look at the EC's practical guide to be found on their web site ...
written estimates not signed, but verbally accepted	9/23/2006
Q: USA, Was wondering what my recourse is for a contractor who I verbally accepted an estimate to ... A: Write to him giving details all non-compliant and unfinished work and ask him to complete within 14 ...
How to Dispute an Unfair Bill	9/22/2006
Q: I had an aquaintance do some construction work on my home. We verbally agreed that in exchange, I ... A: O.K. you have a problem. Firstly get rid of all emotion and be objective. Emotion loses more cases ...
Termination of lead partner	9/21/2006
Q: By the name of joint venture we have gotten one road project with 1 year project completion time. As ... A: I am not sure that I understand the situation correctly, but here goes. Firstly, you should have ...
disagreement on a $10,000 supervisor fee	9/20/2006
Q: I signed a contract with a GC last year to upfit a commercial building for my business on a cost ... A: Your major problem in court is proving the basis of your contract, especially any delays, because ...
Over Head and Profit on Deleted item	9/16/2006
Q: I have few more queries.Ours is a lumpsum project using modified fidic 4th edition.Ours being a lump ... A: This clause allows for adjustments to the contracotr's site overheads if the variation in the ...
Breach of Contract/Not built to applicable NEC codes.	9/14/2006
Q: I recently built a house outside the city limits where there is no inspector other than the state or ... A: This type of detailed question i9s well beyond my knowledge of local building codes and enforcement ...
When a contractor walks off the job	9/13/2006
Q: California, Rancho Mirage, CA. We hired a licensed contractor to remodel our vacation home in ... A: You have a problem; in fact several. Without a written contract, it is difficult to prove who ...
Over Head and Profit on Deleted item	9/11/2006
Q: I have few more queries.Ours is a lumpsum project using modified fidic 4th edition.Ours being a lump ... A: The contractor could claim overhead and profit on the difference between the tender price and the ...
Contractor dissolving without completing project or paying subcontractors	9/7/2006
Q: We are building an addition to our home in Northern VA. Our contractor is a VA State Registered ... A: You need to ask an accountant or tax lawyer about your situation, which is not related to contract ...
contractor loses license in middle of job	9/7/2006
Q: I contracted for a fiberglass pool, about $40,000. The hole was dug in our yard. A month later, the ... A: Have you paid a deposit or is it cash on completion? You are liable to pay him for the work done to ...
Valuation of material on site	9/6/2006
Q: How do we value material on site using fidic 1987 edition(red book).we hav e a situation in our ... A: You are in an awkward situation. I would ask the contractor to justify his invoice based on the ...
Valuation of material on site	9/5/2006
Q: How do we value material on site using fidic 1987 edition(red book).we hav e a situation in our ... A: All other things being equal, you should pay 70% of the lower of the material value of the bill ...
Cancel an Addition Contract	9/3/2006
Q: I signed a contract for a 1200 sf addition in Jan 06. The contract is contingent on me obtaining a ... A: 1. You can cancel your contract with the current builder by writing and telling him the contract is ...
Property Lines	8/30/2006
Q: I am from Pleasant View, TN. A developer is building a house to sell in the lot next to ours. He ... A: Remember the aim is a quiet life. This discussion could ruin your life and that of your neighbour ...
NOC	8/28/2006
Q: Elliott for your time and expertise. Your response was most helpful. This is a wonderful service you ... A: I don't know what you mean by a concrete dock, but if it is what I think, then it should be obvious ...
Subcontractor Breach of Contract	8/24/2006
Q: What are the legal actions that I can take if the general contractor I hired decided to subcontract ... A: It all depends on what is written in your contract. Many standard contracts state that the general ...
Breach of contract	8/22/2006
Q: I have a contract for build a house which states it will be delivered 150 business days from the day ... A: My rough estimate is that there are about 250 business days between permit issue and estimated ...
Construction Nightmare	8/22/2006
Q: I have two questions for you if you don't mind. My husband and I are building our first home. We are ... A: People think that building a new home is a nightmare because they do not prepare and they do not ...
contractor failing to pay subs - terminating our contract	8/20/2006
Q: We signed a contract with a contractor to build a new home in Utah. The completion date was to be ... A: You have a problem, but at least your contractor appears to be trying to resolve the problem in a ...
Home improvement contract enforcement	8/14/2006
Q: I am the contractor on a home improvement project for a concrete overlay. The contract is in two ... A: Client’s change their minds. Ask the client to confirm their decision on the basis that you need to ...
Homeowners Right to move in.	8/7/2006
Q: We are currently finishing a nightmare build. The contractor has taken over a year to build the ... A: I see no reason why you should be stopped from moving in before the final account is settled, but ...
JOINT VENTURES	8/3/2006
Q: I have a situation where a foreign company (FC) has entered into a joint-venture with a local ... A: I am not an expert in this field, so please do not mark me down for lack of knowledge. The question ...
FIDIC 4th ADDITION REPRINTED 1992	8/2/2006
Q: Referred is subject fidic document. Q) The contractor has applied extention in time about more than ... A: I guess that you need to employ a contract engineer with the number of questions and problems that ...
breach of contract	7/29/2006
Q: I live in the state of VA, USA. Our contractor has breached our contract. He is unable to provide ... A: You can always terminate a contract. The question is how much will it cost? If you terminate ...
Verbal Contract - Bad Finishing Twice	7/29/2006
Q: I'm in San DIego California, and I already know that I'm stupid for hiring someone off the street. ... A: Yes, you should have got a written contract, and a couple of quotes to see if the price was right. ...
Undersized beam	7/25/2006
Q: last year I had a contractor replace a beam that was made up of 3 2x12 with plywood between. Our ... A: If the contract said replace the beam and he replaced the beam then he fulfilled the contract. If ...
property lines/fences	7/23/2006
Q: I live in Georgia. My neighbors behind us built a fence almost 3 years ago. We built a fence a ... A: Sorry to disappoint you, but I see no reason why she should have forefeited any of her land just ...
mechanic's lien	7/21/2006
Q: We contracted to have an addition built on our country cottage in new york state.The contractor did ... A: Emails have an enduring quality, as several Microsoft employees discovered to their horror. Even if ...
mechanic's lien	7/20/2006
Q: We contracted to have an addition built on our country cottage in new york state.The contractor did ... A: You have to research the web sites on mechanic’s liens. There are lots, federal, state and ...
poor worksmanship and non-disclosure of information	7/18/2006
Q: USA. Dear Sir: I purchased a new townhouse in Nov 2005 and have had numerous problems. I have had 2 ... A: I guess that the chances of getting a poor contractor to buy back your houses for an acceptable ...
Non-Verbal Contract	7/17/2006
Q: At the on set of my emploment with this employer, we have a verbal contract that he will pay me ... A: This questions relates to employment law, not construction law. Employment law is very specific to ...
Verbal Agreeements	7/16/2006
Q: On two separate occassions, our lawncare provider bid my wife and I $100-$150 to sod about 350 ... A: You have a legal contract. The problem is proving it. If he sued you, then the court would award a ...
Verbal Contracts	7/1/2006
Q: Greetings i have a simple question pertaining to California Verbal contracts. My friend And i Made ... A: You have an enforceable contact, but it could be difficult to enforce it and it could cost a lot for ...
contractor abandoned job	6/25/2006
Q: We hired a contractor in 12-05 to complete a garage and breezeway. The contractor stopped coming as ... A: The Contractor has to honour his contract and complete the work. It is no excuse to say that he ...
no subject	6/23/2006
Q: In January 05 I signed a contract with a friend of the family (I never do that but it was hurricane ... A: As you say, you were in a deparate situation. I guess everyone was working nights and weekends ...
silent partner requesting the final draw	6/23/2006
Q: Texas We have a contract to build our dream home which started July 05. The house was suppose to be ... A: Although some of your statements appear a little confused and unclear, it appears that:- 1. You had ...
Customer refusing to pay on contract	6/21/2006
Q: Peter: We have a small licensed general contracting company and recently completed a project for a ... A: You have a contract, so you can enforce it. Anybody can scream that they have been overcharged, but ...
Unauthorized Removal of Shutters	6/19/2006
Q: I had shutters installed on my home. However, those that required panels to be installed do not ... A: I guess that it depends on the contract. Many contracts state that the goods belong to the seller ...
breach of contract defamation	6/15/2006
Q: I have a signed proposal with a general contractor to perform masonry services at a local military ... A: I apologise for the delayed response. I thought that I ha sent an answer, but it appears that my ...
deed restriction	6/13/2006
Q: I live in Zionsville PA. We live on a dead end street wtih a culdesac. there are nine homes here. ... A: This such a detailed question that I cannot help you without studying all the papers and the local ...
Verbal agreement	6/12/2006
Q: I live in North Carolina and my partner and I recently bought a house from a guy who had to move out ... A: A verbal contract is just as real as written one, except that the problem arises when thing go wrong ...
Fire policy paid contractor	6/11/2006
Q: I live in Wa and had a tenant cause a house fire. My insurance company paid the contractor in full ... A: The first thing is to decide what you want to achieve. Do you want to ensure that your house is ...
verbal contract	6/8/2006
Q: please read and tell me what to do....... My name is Jonathan Savage in I am currently customer ... A: This is not a question about construction law, but the same principles apply - record everything in ...
terminating contract due to fault workmanship	6/5/2006
Q: I contracted an installer to lay a patio on my property. A simple contract was drawn with 1/2 ... A: It seems to me that you have been very reasonable and acted properly. It is not your duty to find ...
FIDIC 4th ADDITION REPRINTED 1992	5/30/2006
Q: Sir, For clause 70, increase or decrease of cost,applicable basic prices are defined as under: ... A: Sir, If the tenders were opened on 15th December 2005, the basic prices, included in the ...
Estimate to build house way off.	5/24/2006
Q: Peter, The builder we are using gave us a handwritten bid that looked good. Now that we are 8 ... A: Cost plus means cost plus. It does not mean rip off the client because the sky’s the limit. The ...
lien enforcement	5/17/2006
Q: We are a plumbing contractor in Arizona, currently doing business with a custom home builder who is ... A: There are lots of web sites on liens, application, enforcement and avoidance. It appears that a ...
FIDIC	5/11/2006
Q: Peter M. Elliott Thanks for your general reply and awaits your specific reply. we are using FIDIC ... A: I assume that there are no special Conditions of Contract which vary significantly the general ...
FIDIC	5/10/2006
Q: a)If tender drawings are declared CONSTRUCTION DRAWINGS at the time of tender. Can the Engineer ... A: You do not state the version of FIDIC that you are using so the following remarks are general. The ...
non-compliance form	5/9/2006
Q: In FIDIC conditon of contract contractor rights seem greatly protected than the rights of the ... A: You do not say where you are working. Many countries have a standard checklist which must be ...
FIDIC -Which Clause	4/18/2006
Q: Last week we could not demob our barge as Clients Vessel was docked next to our Barge. This delayed ... A: Please accept my apologies for the delay in replying, which is due to travelling over the holiday ...
Salary	4/11/2006
Q: A new company need me to manage and develop, we estimate by the end of year, we can create 1.5 ... A: This is not a contruction law questions and you give me no idea of the location of the company, nor ...
Builder Standard of Workmanship?	3/19/2006
Q: Elliott, We are having a home built by what we thought was a reputable 'big name' builder, and in ... A: If the job is that bad, cancel the Contract for non-compliance, and be ready to prove ...
Homeowners rights to dismiss builder	3/19/2006
Q: We hired a builder to construct our home under a "cost plus" program. Unfortunately we began ... A: Look at your contract, which should specify any penalties for late payment. If there is nothing, ...
Terminating Contractor to hire new Contractor to finish	3/18/2006
Q: Elliott, I have a house under construction in Virginia that has been under construction since ... A: It depends a bit on your relationship with the existing contractor. You must used the words and ...
Breech of contract?	3/6/2006
Q: When the contractor and I signed the contract he signed a lein waiver and I paid him $35,000 for ... A: How can he justify that? I don't know. He has to do it in front of a judge. Do not delay in ...
Builder accepted money with no written contract	2/3/2006
Q: Georgia, USA A lady hires a builder to build her a $450,000 house. He tells her he will do nothing ... A: Firstly my apologies for a tardy response. Usually I am much quicker than this. Experience is ...
Contractor's poor work quality	1/27/2006
Q: Elliott, I hired a roofer in October to re-roof a section of my house with a rubber membrane. ... A: Please accept my apologies for the long delay in responding. Even I have problems from time to time ...
Contractor's poor work quality	1/26/2006
Q: Elliott, I hired a roofer in October to re-roof a section of my house with a rubber membrane. ... A: Remember the aim is a watertight house with the minimum of hassle. You probably chose the ...
Scheduled Payment	1/18/2006
Q: I'm in the middle of remodelling my house. My contractor provided a written payment schedule ... A: Winston Churchill said that 'Jaw, jaw is better than war, war'. The same philosophy applies to ...
Homeowner rights from contractor	1/2/2006
Q: first I want to say the quality of finished product so far is very good. My problem is that my ... A: Letting builders into your home is rather like inviting the Vandals and Goths to invade your house. ...
verbal agreement in construction	12/27/2005
Q: Indiana usa. i had a verbal agreement with a sub contractor to do work for a job total of 2000.00 ... A: Contracts do not have to be in writing, but the trouble with verbal agreements is that it is very ...
Contractor Dies, continuing the jobs?	11/3/2005
Q: Peter - I'm not sure if this question is a topic you would cover, but I see you listed in ... A: Firstly please accept my condolences on your recent loss. It is a difficult and time and you do not ...
Who is responsible to pay for wet basement remedy?	10/19/2005
Q: I'm having a disagreement with my family that I hope you can help settle. We are in the last stages ... A: The short answer is that the Contractor should provide a basement that is 'fit for purpose', and a ...
construction contract	9/17/2005
Q: I have contracted for a house to be built, in Lehigh acres florida in March 2005. I have just ... A: This is going to be a complicated case and will depend entirely on the details of your contract with ...
construction law	9/9/2005
Q: Sorry for last question which not clear. Actually i m doing an assignment which require me to ... A: I say again that I do not do homework questions, and you did not mention where you are studying and ...
REMODELING QUOTE PRICE ADJUST.	9/6/2005
Q: Can a self-employed contractor ethically approach homeowner regarding his quote for remodeling and ... A: Kirchner (no indication of Mr. Mrs or Ms so apologies for the blunt address), Please accept my ...
legal terms	8/22/2005
Q: I have an attachment to a contract that was written in the U.S.A. that has in it a section called ... A: You do not state the type of contract, services or works, or whether the it is at bid stage or post ...
Construction Contracts and Arbitration	7/15/2005
Q: What is the effect of a variation on RetentionClauses? If a contract is the subject of a substantial ... A: Retentions generally operate on the Contract Price or the Contract Sum - different contracts ...
Verbal hip shot	7/1/2005
Q: I own a fully licensed/insured/AHAB member constuction company in Alaska and made a really stupid ... A: The 'mistake' of not issuing a written quotation does not, in itself, have a monetary, or ...
verbal contract	7/1/2005
Q: Peter, Let me start off by saying this uncle is a very bad person. I have since found out that he ... A: From what you have told me, you do not have a contract, verbal or otherwise, with him to provide ...
verbal contract	6/30/2005
Q: Three years ago I bought a house and started rehabbing it myself.I was hiring the subs and ... A: I presume that you live in the USA and so of course he can sue you. Will he win? That is another ...
Payment to Home Builder	6/29/2005
Q: I am building a residential home. I have an agreement with a builder to scope the house for lump ... A: I think that I pressed the wrong button - the joys of computers - and sent you another answer, but ...
Verbal hip shot	6/29/2005
Q: I own a fully licensed/insured/AHAB member constuction company in Alaska and made a really stupid ... A: You have a contract with agreed work and benefit, but how do you prove the extent of it. Your ...
construction certificate ownership	6/24/2005
Q: If a building is under construction by a contractor who walks off the job, who owns the certificates ... A: The answer to this question will vary from place to place and the actual form of contract in use. ...
overstated mechanic liens	6/24/2005
Q: I had a contract with a general contractor to build a log home WeatherTight. This is in California. ... A: You have found the Contractor from hell. Why did you choose him in the first place? Did you not ...
BLANKET MORTGAGES : SECURING CLAUSES AND INDIVIDUAL RELEASES OF PAID UP LOANS/PLOTS	6/14/2005
Q: I URGENTLY require to obtain a Sample or Precedent of a Deed of BLANKET MORTGAGE. The preferred ... A: I assume that you are not going to write the mortgage yourself and that you will employ a ...
Award Contract	6/14/2005
Q: I am in UAE, Is this statment correct : (The Contract shall be awarded to the successful tenderer ... A: The clause must be read in the context of the total document inviting tenders. I assume that there ...
Florida Construction Laws	6/10/2005
Q: How do I know what is Lienable and what is Not as far as Noticing (Notice To Owners) construction ... A: I don't do homework questions, but you could try the following:- 1. Study state law 713 and ...
suing builder...	6/1/2005
Q: UK law. dear mr elliot, i really hope you can help me, i am a 2nd yr student from the university of ... A: As a general rule, I don't do homework questions, but you caught me on a quiet day so here are some ...
reale state scam, lien.. HELP	5/14/2005
Q: Arizona in America. Hello, This is a doozie here... Prior to acquiring my general contracting ... A: I don't think that this question has much to do with construction law, rather with intimidation, ...
Already Paid Bad Contractor	5/11/2005
Q: Elliot, My husband and I live in Kentucky, USA. The contractor was instructed to pour a sidewalk, ... A: You have a real problem, especially as you have paid him in full and you have no written evidence of ...
breach of contract for builder as well as lending bank on construction loan	5/3/2005
Q: What options do i have against my builder for breaking his contract with me. In his own hand writing ... A: Moving home is one of the most stressful events in life, and building a new one at the same time ...
New Construction Warranty	5/3/2005
Q: In the state of Colorado USA, what laws are written regarding warranty length, contents etc, ... A: This questions is well outside my field of expertise and very specific, so please do not mark me ...
Dear Peter Elliot, I am...	4/5/2005
Q: I am having a problem with a contractor who built an addition onto my home in NH. The contractor ... A: The first thing to do is to do a websearch for sites on a 'mechanic's lien'. There are lots of ...
Differences between Site Instructions and Variation Orders	3/29/2005
Q: What are the main differences between receiving a Variation Order and a Site Instruction? A: Your question is very broad and of the 'what is the difference between apples and pears?' type. The ...
Party Wall act 1996 Award given	3/21/2005
Q: I am contacting you to ask if you have any knowledge of the Party wall act 1996. We have just ... A: OK. No problem. A rating of less than 9 is unusual for me, and so I follow them up. Not insulted. ...
late penalty charge	3/17/2005
Q: In Canada, is it true that you cannot have a late penalty charge unless you have a bonus clause? Is ... A: Under the UK legal system, as a matter of principle, it has been judged that you cannot have a ...
Party Wall act 1996 Award given	3/16/2005
Q: I am contacting you to ask if you have any knowledge of the Party wall act 1996. We have just ... A: You ask me a question on a subject which I do not claim to have knowledge and then you