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 Washington county Pennsylvannia
I bought a spec home and moved in when it was completed. $420,000 cost. The exterior was a Owens corning cultural stone on all of the exterior. I asked before buying if the stones were installed correctly because it was a mortarless joint application. The builder said yes and even gave me a letter later dated be fore the clossing that the supplier of the stone said it was warrantied if installed per spec. 90 days after in the home and 1st freeze/thaw, stones started to fall off the house. I then find out that none of the stone was installed correctly, and when the builder sent the installer back out to replace the fallen stone and check for loose ones, the installer started jackhammering the stone off the house and ripping the moiture barrier, then just reinstalled the stone. I have asked for a reciscission of the sales aggreement since this is no longer the house I purchased and has the potential for numerouse problems in the near and distant future. I am seeking a lawyer. The estimated value to replace the stone would cost at least $80,000, with no garranties, I do not want a 400,000 brand new honme with problems. The house is 2700 sf 2 story. I also have proof that he deceived me when asked about the stone. Can I sue for fraud?
Answer Hi Mark,
Firstly apologies for the delayed response but I did not receive the original notification. Probably something to do with the fact that I am in Kabul!
Secondly, this case is likely to get messy, so I advise you to get a reputable lawyer who is familiar with local laws. I suggest that you may wish to sue under breach of contract rather than fraud, as the goods were not as specified and were not 'fit for purpose'. The stone supplier's warranty will be little help as it seems as the stones were not installed correctly.
Proceed with care, as you may find that the builder etc. will declare himself bankrupt and escape with his profits.
