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Expert Profile: 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.
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')

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What do you like about this subject?  There is hardly anything in the world that some man cannot make a little worse cannot make a little cheaper and the people who consider price only are this man?s lawful prey. John Ruskin (1819-1900), British poet, artist
What do you still hope to achieve/learn in this field?  Try reading earlier questions and answers to see if there is anything applicable to your case. It may help you to define the problem more clearly, or even give a solution. Of course, it will take me even longer to be in the expert of the month list, but do I care? I don't suppose I do, if you get a quicker answer.
Something interesting about this subject that others may not know:  To be enforceable, a contract needs five parts:- Offer, Acceptance, Benefit (which does not need to be a cash benefit), Legality and Feasibility. It absolutely does not need to be in writing, except for certain specific cases, although it does help to have something in writing when things go wrong.
Something controversial or provocative about this subject 
Experience in the area
30 years post graduate experience as both a Contractor and a Consultant of construction in UK, Eastern Europe, Africa and Arabia using a variety of forms of Conditions of Contract
Member of the Institution of Civil Engineers, UK
Member of the Society of Construction Lawyers
Member of the Dispute Board Resolution Foundation
Average Ratings
Prestige Points: 6500
Knowledge   9.74   Best of the best
Clarity of Response   9.77   Best of the best
Timeliness   9.90   Best of the best
Politeness   9.93   Best of the best
Number Of Questions
(in Past 24 Hours)
0
Max Questions to be Asked
(in 24 Hour period)
3
Total Questions
(since joining AllExperts)
811
Recent Reviews from Users
KnowlClarityTimePolitenessDate
1009/04/08
1010101008/28/08
1010101008/20/08
1010101008/17/08
1010101008/14/08
User Comments
thank you Peter, your opinion is helpful, that is all we need. thanks once again.
(Ryan on 09/04/08)
Very Good
(Francis da Silva on 08/20/08)
Responded properly in time.
(P.V.KRISHNAN on 08/17/08)
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Recent Answers from Peter M. Elliott
2008-08-28  my rights? Hi Cherie, I know how frustrated you feel, but delays are endemic in construction. You can deduct any actual costs, rental of storage etc., due to his delay, if you have a completion date agreed...
2008-08-27  warranties Hi Crystal, It all depends on what was stated in your contract, but generally unjustified failure to pay means that a contract can be terminated for cause. However warranties often live on after the...
2008-08-27  my rights? Hi Cherie, You must pay for compliant completed work. You do not have to pay for incomplete or non-compliant work. You can charge the general contractor for any unexpected costs in clearing up and...
2008-08-26  subcontractor lean Hi Julie, The short answer is YES! if you do not have the correct piece of paper signed by your main contractor. Google 'Mechanic's lien'. There are lots of websites, state, federal and commercial...
2008-08-26  Progress Delay against Contractor own Programmed Hi Zack, You don't say whether you are using FIDIC 4TH OR FIDIC 1999, but I guess that you are using FIDIC 4TH. Yes. It is difficult to terminate a contractor for poor performance, if the special...
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