Author: * Appius Terentius -
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Date: Oct 14, 2008 - 12:47
Balba here is a building contractor as we know. He is a successful one. What makes him successful is his attention to detail and the ability to get the job done to high standard. Balba has had many satisfied customers, and his reliance as a builder are unquestioned. He is no charlatan, no swindler, else he would have been brought to court many times before now. His record is one of exemplary building work.
One year gentlemen, is no time at all. Why one year ago seems like yesterday. It seems like yesterday I was in the Illyrian fields at Drillon, and yet it was over a year ago. And yet a massive extension to a villa is demanded to be done in such a length of time. I do not know if you men here are of masonic mind. A mason has to acquire his materials, squire a staff fit for the job, to make plans, to level ground, to chisel marble, to install underfloor heating, to lay foundations.
All of this is complex enough, and when it is required on a grand scale it becomes a titanic task. Yet Balba here, worked as hard as he could, did all of the above and to a high degree of skill, and is now told it should have been done faster. Faster? I tell you there is only so fast a man can work, and Balba worked as fast as he could with the men that he had. It is unfair to demand any more of him when he has done his absolute best. The contract was unfair, unjust, and used solely to bemuse confuse and ruse denarii from my client.
Vindmanus is a shrewd buyer. He knows how to get a deal and squeeze the most from people. He trades in silk from the East. A business which requires such skills, and now he is trying to get a deal here. “I know” he thinks to himself “why pay for the work on my house, when I can take him to court and get the work done for free” His greed doesn’t end there, for not only is he malicious enough to try to get the work done for free, but he wants to be paid for it! He requests a fine from Balba in order to actually GAIN some money from his work. Shocking.
This work costs thousands of Denarii, the extension is very grand, and Vindmanus is simply trying to obtain this luxury for nothing, by taking Balba to court on a trumped up charge. Even the most ill informed of building work amongst you will know that it is nigh impossible to request all of this work within a year! The reason he has claimed this was the deadline, is simply to get Balba to do the work for free.
The prosecution claims Balba was working on other projects and splitting his time. Well where are these witnesses? Where are the hoards of other clients Balba is working with. I see none here? Surely if the prosecution is so sure of this fact they should prove their fact. I see no such proof here, only further slander against my client based on nothing. How can they use this as evidence, when they present none to the court. They insult you in this manner, hoping you will simply believe their tattle tales against my client without bringing so much as a single other project Balba has been working on.
I ask you also to think of the consequences of your actions here today. We are fighting a war, several in fact, and our Italian allies will no doubt be helping us to do so. How do you think Balba will pay for the work he is being asked to do for free? How do you think he will pay the fine? By laying off many of his workforce. *purses his lips and sucks in air*. The Italian allies, who are undergoing internal struggles- either justified or unjustified- are now to be put out of work? What will they do? Compounded with difficulty and now jobless I would imagine they would hardly be pleased. And where do you think they will direct their discontent and their anger? To Roma. To the court which decided that we don’t care about their struggles, our holiday homes are more important.
Are we really to ignite our Italian allies feelings to such a level that we risk alienating them. In the middle of war no less! When their men are dying beside ours, we would risk angering them? Why would we do this? Because of an unreasonable deadline. A holiday home. For one mans villa we would risk this. It would risk the wars we have currently going on, and risk a civil war on our own doorstep.
But those amongst you who feel I am scaring you into submission, or making mountains our of molehill's then perhaps you will think of something else. The fact that no workman or contractor will ever want to take on a job for fear of being hauled up to court over failing to meet this criteria or that. Whatever his reasons, he failed to meet them and is now to be tried to offer the work for free. How do you think our workforce will act? I imagine they will be less inclined to take work if there is this extra risk involved. We will have to look further afield and pay more and more coin in order to get contractors to work for us, because to many will simply fear being charged with breach of contract! We pay enough for the services we need, I do not want to pay any more for them, or to build my own extensions. Yet this is what will happen if we give in to V. We will alienate all our workforce. Not a palatable future is it.
Yet that is what will surely happen if you find in favour of Vindmanus. “A war was on? – sorry, deadline” “Your spouse died?- sorry deadline” “Roma was attacked-sorry deadline” and Bam! *slams hands together* They are charged with breach of contract. I should think we would be lucky to have any contractors left in Roma willing to work if all they can expect is to be charged with this crime
To summarise, what we are deciding here today, is the future of Roma’s workforce. Do we alienate them by setting a precedent for any problems they face to be charged with breach of contract? Do we cause all our work from here on in to take longer and be more expensive as we have to search further afield for a willing workforce.
Do we disgruntle our Italian friends by forcing Balba to lay off his workforce and set a precedent that we would make their problems worse by firing them? This risks not only the failure of our current wars due to our Italian allies forces, but a full on alienation of all Italians in Italy. I shudder to think where that will lead.
So do we decide to honour the greedy trader. The man who wants everything for nothing and then a bit extra on top. V comes here simply to try to get his work done for free, such greed has been condemned by everyone sitting here today in one way or another, yet we talk of rewarding his avarice. If you find him in the right, then you will say that it is acceptable for him to try to get his extension done for free, by coming up with an unreasonable deadline that is almost impossible to meet. Do not reward such idle and sneaky behaviour. We are Romans not sneaky Babylonians or Gauls. It is not the Roman way, so do not reward it.
Yes it is unfortunate that he must wait a little longer for his work, but sometimes waiting is not all bad. Look to our ancestors. Look to Quintus Fabius Maximus. Did he not spend time taking care of Hannibal? Did not the twelve tables take their time? All good things take time and this is no exception. V is simply impatiant, greedy and unreasonable.
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