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 been a subcontractor for this Construction company for thirteen years. New employees came to work for the construction company and stole my employee from me and gave him my work and cut me out completely.
My employee who is now the subcontractor for them is doing the work for the same remuneration as I was receiving.
There must be some recourse for this kind of action.
I did not have a "written" contract with them but thirteen years speaks for it self.
Stealing my employee to take away my income is pretty major stuff considering my income was in the six figure bracket.
THERE HAS TO BE A LAW AGAINST SUCH HAPPENINGS and I would like to go after them for such actions.
This construction company does about $10,000,000 per month.
HELP
Thankyou in advance, Alex--- Jacksonville, Fl
Answer Hi Alex,
This question is well outside my expertise. The hard facts of your case appear to be the following:-
If you had a six figure income, you do not need a free advice service.
Thirteen years is worth nothing, unless you are considered an employee and due recompense for redundancy. Were you an employee, in the eyes of the law? Are you due redundancy?
You may not have had a written contract, but you may have had a contract, which has been broken. Did you have an understanding not to steal employees?
If you have been replaced at the same money, you did something wrong, if only not protecting your back. Remember Uriah Heep. No one changes established practice unless there is a benefit. Think what you did wrong and see if it can be corrected. You might be facing years of unemployment, especially if the company refuses to give you a reference.
The only law is the law of contract. Next time get a written contract which prevents this kind of event, or allows recompense.
