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Discussion Starter · #1 ·
<The binding answer would probably need to come from a landscape contractor>


I had my yard landscaped in the Fall and the contract specified "Set Grade" and install top soil. Turns out the section which was finished as lawn and hydro seeded has a low spot in the middle that puddles water.


In my opinion "set grade" meant that the grade would be set to a slope through said area with no low/wet spot in the middle. I suspect the terminology used left wiggle room for interpretation?


Or, would a contractor define it as I do?


Thanks in advance.
 

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In my opinion "set grade" meant that the grade would be set to a slope through said area with no low/wet spot in the middle. I suspect the terminology used left wiggle room for interpretation?


Or, would a contractor define it as I do?
Ayuh,..... Yer Right,..... A properly "Set" grade, drains All areas,.....
 

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Set grade means establish a favorable grade or set the grade to elevations shown on an approved drawing.
 

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<The binding answer would probably need to come from a landscape contractor>
You might get more discussion if you don't qualify from the get go who can answer you. A grandma knitting all day could hold the idea or info you seek.

"Set grade" just means they are establishing the elevation based on something, whether it be drawings, a landmark, another fixed object like a foundation, curb or catchbasin. It insinuates nothing about slopes or settlement.
 

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Discussion Starter · #5 · (Edited)
You might get more discussion if you don't qualify from the get go who can answer you. A grandma knitting all day could hold the idea or info you seek.

"Set grade" just means they are establishing the elevation based on something, whether it be drawings, a landmark, another fixed object like a foundation, curb or catch basin. It insinuates nothing about slopes or settlement.

With all due respect, I disagree with [not] 'qualifying' my question. We all have "opinions" including Grandma; Me too, but it is only My "opinion".

What I was after was maybe a legally established definition of "Set Grade" from possible case law, probably best gleaned from a professional or landscaper. If this were to go to a legal suit it would be nice to have a hook to hang my hat on.
Granted, Grandma could be a retired landscaper or attorney so if I offended her, I apologize :plain:


And, it seems, we here have a difference in definitions already.. (re:Low Spots) To my recollection everything was predicated on slope away from the house/foundation which is new construction.
 

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Discussion Starter · #7 ·
Have you talked to the contractor yet. Many will fix things where the home owner is not happy.

That's on the near agenda. He has been 'scarce' in the past both on and after the job (workers had to play the part of supervisor also). Waiting on the ground to dry a bit more and also some perimeter tree clearing before calling him out. That is "why" I asked the question, starting to get the ducks in a row.

Thanks
 

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Having administered a lot of contracts, they usually are based on contract documents including drawings and specifications. Drawings show elevations of the finished grade. The contract using language saying the contractor will “set grade” would mean they establish grade in conformity with the contract documents.
 
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Discussion Starter · #9 ·
Having administered a lot of contracts, they usually are based on contract documents including drawings and specifications. Drawings show elevations of the finished grade. The contract using language saying the contractor will “set grade” would mean they establish grade in conformity with the contract documents.

Here is exactly what it specifies:
 

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Waiting on the ground to dry a bit more and also some perimeter tree clearing before calling him out.
I’d call him now. If he doesn’t answer, leave a msg that there is a low/wet spot and if he wants to see it he should come over before it drys out. It’s a lot easier to see what you are talking about when it’s wet. If he doesn’t come, that’s his decision.

The other way is for you to pickup some marking flags and mark the perimeter of the area.

If he is the one doing the perimeter tree clearing, it would be best to inform him prior to the tree clearing. That way he can schedule things to occur about the same time, should he chose to.
 

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Discussion Starter · #11 ·
I’d call him now. If he doesn’t answer, leave a msg that there is a low/wet spot and if he wants to see it he should come over before it drys out. It’s a lot easier to see what you are talking about when it’s wet. If he doesn’t come, that’s his decision.

The other way is for you to pickup some marking flags and mark the perimeter of the area.

If he is the one doing the perimeter tree clearing, it would be best to inform him prior to the tree clearing. That way he can schedule things to occur about the same time, should he chose to.

Point taken and NO He isn't doing any more work for me- Once in my pocket was enough :wink2:
 

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Without a drawing showing the elevation of the final grade and contour lines showing grade changes, “set grade” can be to whatever the contractor sets it. In your contract there are many things that are rather ambiguous without a drawing showing the limits of each operation. For example, it says a sprinkler system will be installed in the back yard. It says nothing about how many heads, pipe sizes, zones, etc. Two heads in the middle of the yard constitutes installing sprInklers in the back yard.
 

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Discussion Starter · #13 ·
Without a drawing showing the elevation of the final grade and contour lines showing grade changes, “set grade” can be to whatever the contractor sets it. In your contract there are many things that are rather ambiguous without a drawing showing the limits of each operation. For example, it says a sprinkler system will be installed in the back yard. It says nothing about how many heads, pipe sizes, zones, etc. Two heads in the middle of the yard constitutes installing sprInklers in the back yard.

The rest of the job was acceptable.

SO we're probably back to my original statement; ".. I suspect the terminology used left wiggle room for interpretation". (In the contractors favor)
 

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Without something documenting the final grade, you are correct. It appears that you had deficient contract documents to demonstrate that something was not built as planned.
 

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Was the ground or surrounding ground disturbed after the grading.?

If trees are to be moved will it disturb the grading in anyway.?

Was there traffic on the grading.?

Was grass etc., to be placed after grading.? Was it done in the time frame given.?
 
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