Hard time with contractor

jaskoo

In midle f August I hired local concrete basement co.to excavating and build basement wall. Under contract we have agreement to build 30'x12" and 70'x8" of basement wall, include: excavating, waterproofing, footing, hold-down straps, rebars and pump. (not detailed price) total amount $26000.
Not included: hard dig, abs and lay-out. After excavation is done, I receive invoice on additional amount of: $3500. I did not signo or be informed of any extra work except is rocky.
After basement is done in four months, contractor refuse to backfill hole. Explenation is: it is not included in contract but is not excluded to. What should I do? Pay full amount and file complain to reg. of contractors. Or take him to the court?
Can I force him to backfill or not pay him for hard-dig?
He will file lien on the property if not receive full payment.
Thanks....

K2eoj

I would say take a deep breath and don't get too bent out of shape over this. If you are in the right you should not be bullied around. I would not be afraid of his lien but would want to get this settled in a timely fashion. Sounds like the contract is short of details and the numbers are significant enough to take to a judge or arbitration. Lack of detail on the contract is more his fault since he is the CONTRACTor and i would be in no hurry to pay him. <P>
I noticed the boys over at CT threw your question off, like they have more important things to discuss. . HS

THEBIGPUNN

as far as back filling, im sure you can find someone else to do that for you for fairly cheap. he should of notified you of the "rocky" ground that increased the cost during excavation. i say put the money you owe him for the work he did do in escrow through your bank and see how things are settled in court. generally mediation occurs first and is fairly quick.

jaskoo

Yeah you are right about those boys from CT. They don't like my spelling to[IMG]images/icons/icon8.gif[/IMG]. I don't mind pay him for his work, but he provided very poor work, extending my project for four months, field so many inspections. He did not tell me when hi will start excavating, for hou-many hours he had hard-dig.
Verbally I promised him to pay for hard dig, but when he wanted more money for backfil I stoped payments.
Thanks.... Your idvice will help me a lot.

jaskoo

Thanks. I don't have another choice, then hire somebody to finish project.

jproffer

IF the contract doesn't say that backfilling IS included, then it's not. I know, one should assume that if he digs a hole, he will fill it. I agree with you, you should be able to assume that, but a court of law or an arbitrator will not put a lot of stock in assumptions. Unless there is law in your area that "whoever digs it, fills it" which I doubt, you may just want to cut your losses and have it filled by a third party. Arbitration costs are not as much as court costs (if you lose), but it's not free either.

For the record: Contractortalk.com is for exchange of ideas BETWEEN contractors, not for a valued client to complain about his contractor. We feel for you, no doubt, and most of the people over there...also post over here, so your question will be seen by (I would guess) at least 70% of the guys over there (including myself). It wasn't meant as any disrespect to you, or the way you spell, or anything else personally against YOU. This is the homeowners side and you, after all, are a homeowner who may or may not have gotten taken by a contractor. Your thread belongs here, not there.

jaskoo

[quote=jproffer]IF the contract doesn't say that backfilling IS included, then it's not. I know, one should assume that if he digs a hole, he will fill it. I agree with you, you should be able to assume that, but a court of law or an arbitrator will not put a lot of stock in assumptions. Unless there is law in your area that "whoever digs it, fills it" which I doubt, you may just want to cut your losses and have it filled by a third party. Arbitration costs are not as much as court costs (if you lose), but it's not free either.

What's about hard-dig. If somebody also backfill dirt, he can void warranties for leak or cracks on basement. Should I file complain to registrar of contractors against contractor. Reason why I was on onother forum was I am licensed contractor and builder of my first speck house.

jproffer

What about it? The dig has nothing to do with the backfill or the basement walls and whether they leak or not.


If the trench fills completely up with water, I'm guessing that will void all waranties also.


...or licensing board or dept of professional regulation. I'm not in a position to tell you to do that or not, but if you feel you should, then by all means, that's your right to do so.


That may be, but for the purposes of this particular discussion, you're a homeowner with a complaint about a contractor. That's neither here nor there, doesn't matter, but I would suspect that's why it was deleted.

pipeguy

As one of the CT boys that checks in regularly, I can tell you that I didn't see your post. That being said:

Your contract ought to say what the contractor does and what he doesn't do. 'Excavating' is not 'backfilling' just as hanging drywall is not painting. Pay the guy what you owe him and don't have him do any additional work.
As for him delaying (extending) your project, your contract should also say when the work will start and when it will subsequently be completed. If it doesn't, shame on you. You should have hired someone knowledgeable in contract agreements for the hiring process. If it does, and the contractor didn't do what he was supposed to, then go after him for 'damages' you've incurred as a result of the delays.
You shouldn't have to pay for any 'extras' that you didn't tell him to perform. Just because you agreed that 'hard dig' will be an extra doesnt mean he can just do it and then charge you. Unless the contract says otherwise, when he discovers 'hard dig' he needs to tell you, then you agree on a price, then you direct him to do the work. Any work done by him without your direction is at hs risk.

He has to build the walls so they meet codes and so they can be backfilled by 'industry recognized' means and methods. If your excavation contractor will do it at a reasonable price then great. Otherwise, hire someone else to do it and hire a professional geo-tech to monitor and document the backfill as its done.

If you're going to build homes for profit you need to get serious about reviewing the contract agreements you're signing. It seems to me you wouldnt have any of these problems had you used a good contract.

kenvest

For all you know, it could be customary in your area for the landscaper to backfill after the entire project is complete. i didn't see anything about waterproofing - could that be a good reason for your typical homebuilder to leave the foundation wall exposed until all operations are close to being finished?

if you're only building that one wall and the contractor sees little future business originating from his relationship with you, he will drag his feet and do your gig when he has little else to do.

jaskoo

Thanks Pipeguy. That's make sense. In the future, I will pay more attention on contracts. He take advantage of the market bum, and me as new builder.
thanks.........