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 have an attachment to a contract that was written in the U.S.A. that has in it a section called "Assumptions and Qualifications" I can not seem to find this term anywhere and the regular definitions do not seem to fit. Is there a special definition for this term? If so then what does it mean?
Answer Hi Shane,
You do not state the type of contract, services or works, or whether the it is at bid stage or post contract.
My guess is that it refers to the assumptions and qualifications included in the bidder's submission. These assumptions and qualifications would vary the bid conditions and comment on any lack of clarity in the invitation to tender. Some clients reject bids which mention qualifications, especially if they reduce the client's rights or powers, or the contractor's duties and obligations.
If it is a signed contract and there is nothing written in this section, then I suppose that it will have no effect.
Come back with a follow up questions if I have misunderstood anything, or you have more information
