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About Peter 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')

 
   

You are here:  Experts > Industry > Construction Industry > Construction Law > verbal contracts

Construction Law - verbal contracts


Expert: Peter M. Elliott - 11/14/2000

Question
Just one question regarding verbal contracts: if nothing was put in writing, do I have any legal recourse at all?  We did a dumb thing; we hired an office co-worker to do a simple remodeling project on our home, with nothing but a verbal agreement (this person WAS a fairly good friend; believe me, we`ve learned a painful lesson here).  He was given some of the money up front, and 4 months later has failed to complete the project, or even done enough work to earn the money he was already paid.  I figure we`re simply OUT that money, and will have to pony up additional $$ to hire someone else to finish the job.  Is there any legal way to improve the situation?

Answer
Hi toni,

I did answer this question, but it appears that zou never got the replz.

A contracts need five things to be legal
Offer
Acceptance
Benefit
Legal
Achievable

Under Engliah law it does not need to be written except inspecial circumstances, land, minors etc.  However, the written record makes it easier to prove.

I suggest that zou have a contract, but that it would not be worth persuing zour friend through the courts, because zou would lose both monez and friend. Experience is expensive, and saving monez usuallz costs monez.  Bring in the professional and hope that he does not rip zouoff.   

sorrz about thethzping but I am in Hungarz usingf a hungarian kezboar with y=z, z=y, etc so please do a translation

Best Regards

Peter elliott

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