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Thread: Contractor Charging for Dirt

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    Join Date
    Feb 2016
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    Southern NJ
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    Contractor Charging for Dirt

    The contractor did not grade my land according to the grading plan. He said I need more dirt. So originally when we purchased the pool they said that if we needed more dirt it would not be a problem-he had plenty. Now we need the dirt and they told me that they don't have it. They also said if they dig for a pool in my area that I wouldn't have to pay for it. So the dirt was supposed to be delivered last week and it didn't happen so I called the contractor and they made reference to waiting for a pool to be dug-but they were still charging me. I agree I can pay for the grading of the dirt but how can they charge me for dirt they did not pay for? Isn't that illegal? They are charging the person to remove the dirt as part of the overall installation and now charging me for that same dirt?
    New construction- April 2016
    1st time inground pool owners. 20x40 oasis shaped vinyl liner. Gli gerano 28 mil liner. Sr smith typhoon slide. Pentair 5g color changing light.

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    Join Date
    Oct 2015
    Location
    Austin, TX
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    83

    Re: Contractor Charging for Dirt

    I had a similar problem that my excavation sub removed dirt from my site when I asked him not to. I figure about 15 yards.

    My lot is seriously sloped so all the elevations were a bit of a crapshoot on my build. I didn't argue too much at the time and the PB said they don't exactly guarantee the final gradient. I had to get about 5 yards put in by my landscape guys later and it cost me about $750. (Yes $750 is high, but my terrain is difficult and my landscape guy seriously underbid an earlier job that he did for me. I'm letting him get it back a little at a time, he's good and reliable and I want to keep him).

    Charging someone to remove some material and then charging someone else to receive that same material is just business. Unless the other pool owner said, "remove my material and you must take it to the dump", if the contract just says "excavate and remove" then the material belongs to the poolbuilder after it's been removed, he's free to do what he wants with it, including selling it to someone else.
    Pool: 16,000 gallons, 16x31, 500SqFt gunite pool, White Pebbletec interior, built by Cody Pools. Pentair Intelliflo VS-3050 pump, Pentair Clean & Clear 420 Cartridge Filter, In-line chlor with Ultra UV, PV3 Infloor cleaning, Pentair Easytouch-P4 control. TF-100
    Spa: 525 Gallons, Coast fiberglass spa of unknown vintage and suspect previous care with a 2-speed main pump and a blower motor, both 4HP. 3-step bromine sanitized.

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    Mar 2013
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    New Hampshire
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    Re: Contractor Charging for Dirt

    It certainly is not free for them to truck it over there. This is why everything should be in writing. That way gray areas do not happen as is the case here.
    18k: IG: Black Granite Liner: Aspen: 16x33.5: SWG: Polaris 280

    My pool build new-pool-build-in-nh-t60957.html

  4. Back To Top    #4

    Join Date
    Feb 2016
    Location
    Southern NJ
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    Re: Contractor Charging for Dirt

    They would have to truck it somewhere either way is how I'm seeing it...
    New construction- April 2016
    1st time inground pool owners. 20x40 oasis shaped vinyl liner. Gli gerano 28 mil liner. Sr smith typhoon slide. Pentair 5g color changing light.

  5. Back To Top    #5

    Join Date
    Aug 2014
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    NJ
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    Re: Contractor Charging for Dirt

    The only relevant question is what he promised you. If he told you you would need to pay for extra dirt needed it's irrelevant whether he gets the dirt for free. It has value and he is monetising it. On the other hand, if he implied he would give you dirt for free, that is a different story
    1200 Sq Ft 41,000 Gal. Gunite, JANDY SVRS VS pump, JANDY JXI 400,000 BTU, Polaris 280 w/ 3/4 BP, Rockwall and Grotto (w/6 jets and blower), 2 JANDY Lam Jets, 2 LED Bubblers, 5 Ledlights, AQUALINK P16 RS, 90% Quartz, SWF 185 GMP BP, SWF 125 BP, Levelor K1100 Autofill, AP Digital SWG, 2 skim and 5 returns, and mostly 3 inch piping

  6. Back To Top    #6
    Mod Squad YippeeSkippy's Avatar
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    Jan 2012
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    Re: Contractor Charging for Dirt

    He certainly is paying for the machinery to dig it up, transport it, and the labor involved too. I can understand the charge. Even if he had another pool going in nearby he's still paying to move that "free" dirt.
    My Amazon Smile for November12K Fiberglass IG, Infinity 4000 automatic cover, SWCG, Hayward Sand Filter, Hayward 1.5 Pump, Doheny Discovery Robot, Savi Melody LED pool lights, outdoor speakers and other assorted doo-dads. Sundance Altamar Hot Tub.
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