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 state of california, usa
I entered into a contract with a local flooring company , to install flooring in my home. I paid half down with the balance being due upon compleation. The job was installed on Feb. 16,2001, but not compleated. I contacted the owner of the company with details of what needed to be done to compleate the job , in agreement several dates and times have sence be secheduled to complete the job, all of which have been no shows on the contractors part. A lien was filed against the property on 4-5-01.
Question... Do I legaly have the right to withhold final payment until the job is completed?
Answer Hi JIm,
The first thing is to study the law on Mechanic's liens, because the clock is ticking and your time is limited. There are several good sites on the net, especially one run by the state of Texas. Then plan your response.
Your case depends on your contract. I hope that you have copies of all letters and written notes of phone calls and discussions, because these will make it easier to resolve the case.
I suggest that you get three bids to complete the work. Send these three bids to the orginal contractor stating that you will place an order with the most economically advantageous, if he does not complete the work within 14 days. Then you will deduct the cost, plus your reasonable expenses from the outstanding amount and pay him the remainder.
You must pay him for the work done, but if the contract was written that the remainder would be paid on completion then I suggest that you follow the contract. Obviously, if the outstanding work is very minor and you are being unreasonable, then the case could go against you. Unfortunately both reasonable and unreasonable are subjective terms, and so it is better to err on the side of caution, as the judge may not agree with you.
If it looks as if the case is going to court, then offer to pay the outstanding amount into the court. This move protects you against excessive legal fees. Your attorney will be better placed to advise you on the pros and cons of this move.
If you find the advice useful, then rate me. If not, tell me so that I may improve in future.
