Construction Law/Expert Profile


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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. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol www.eotprotocol.com before submitting a question.

Experience in the area

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')

Organizations

Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

Education/Credentials

B Sc(Hons) in Civil Engineering

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


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Syril05/14/12101010Thank you so much for the reply .....
Haroon05/13/12 

Recent Answers from Peter M. Elliott

2012-05-21 Appointment of The Engineer:

Dear Ijaz,    Firstly there is a big difference between the duties and responsibilities of the Engineer under the two forms of contract.  FIDIC 4 assumes and requires that the Engineer should be impartial

2012-05-21 priority for contract documents:

Dear Shadi,    I am not sure that I have all the information for this question, but I shall do my best.    Provided that the recesses and protrusions are less than, say, 25 mm, I see no conflict between

2012-05-19 Claim for late payment:

Dear Khoa,    The last paragraph of clause 14.8 is relevant.  The Contractor has an absolute right to the payment, which means that he can take the Employer to court if he fails to pay the money.  However

2012-05-18 Loss of Profit:

Dear Damien,    1. unlikely as it it will be a very small part of the works.  Generally loss of profit only applies if the final price is more than - 15% of the original agreed price.  Also you have to

2012-05-17 Termination of NSC Contract by Main Contractor due to poor performance:

Dear Jay,    I am not sure that I understand you question fully.      I would argue that the Employer took the risk of using a nominated subcontractor so all costs, which are associated with this item

 

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