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 My mother got a price quote for a mobile home roof. She agreed to the price. Upon starting work, the foreman stated that the price would be $3,000 more because the plywood was rotten. Unfortunately she signed the contract and upon completion of the roof gave them a check for $6000. They did not clean her gutters as promised. The mobile home is only worth $35,000. Do we have any recourse, as i believe she paid $3,000 more than she was quoted. She is 85. We think we should cancel the check, but so far we haven't. She did sign the second contract and agreed to pay the sum of $6500. She got them to reduce the price to $6000. Her warrantee for the roof was given at the price of $2700--the original price quote. The foreman also insisted that she write the check to him and did not include the company name. We are planning to call a consumer fraud hotline. What do you suggest we do. I was on vacation when this occurred. Thank You
Answer Hi Liz,
Builders from Hell. You find them everywhere.
You have a problem because your mother signed the contract. If they did the work, and the price was reasonable then you will have difficulty is withholding payment, unless you can prove that the plywood was sound, and the work unnecessary. I guess the best thing to do is call the consumer fraud line, or contact the local press so that others are not exploited in the same way.
If you did withhold money or take them to court, you will find that they know the law better than you and you will lose more money.
Sorry to be so cheerful and optimistic.
One last thought. If the foreman wanted a personal cheque then there is likely to be a fiddle going on. Why not report him to the IRS. It might not get you money back, but it might make you feel better.
