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 live in Missouri. We built a new home and moved in in February 2002. We had a claim against the plumber that we hired in March 2002. Now it seems that we have another claim from a leaking water pipe in a wall in the master bathroom. The plumbers ins. co states that it will not pay after 12 months. I am trying to find out if this is true. Can you help me? Since we didn't discover the problem until last week, I thought that was when the time started as far as the plmubers liability goes. Any help would be appreciated.
Thnaks,
Debbie
Answer Hi Debbie
I am sorry but I do not know the details of defects law in Missouri.
You have two problems. One is to find out the law regarding latent defects and the other is who is responsible for repair and will they, can they, pay for it. In general, the statute of limitations for latent defects depends on many factors; size and form of contract, relative strength of parties, seriousness of defect. In some instances, the clock starts when the defect is found, in others when the defect should have been found. It is a complicated and expensive area of law. I stay away as much as possible.
It is quite possible that the insurance company covers defects only for the first 12 months and that the plumber or main contractor is responsible after that date. It depends how the policy is written. The builder might decide that it was too expensive to extend the insurance for two or more years. In that case you are on your own in a discussion with the builder and plumber, but you may be able to claim from you own buildings insurance if it covers damage by water, and then let your insurance company chase the builder.
In either case, get it repaired before it does serious damage. You have a duty to mitigate the damage caused by the defect.
