Pond Boss Forums INTRO Questions & Observations Lake construction agreement

I posted a while back asking if anyone had a template contract for construction of a dam/lake. Everone seemed to feel that I sould have a contract, but they didn't. I then asked for advice on what elements should be included in an agreement. I developed the agreement based on this input and what I have learned from the forun and Bob's book over the past year, and it is attached. I hope this might help someone in the future.

Started the pond two days ago with two test digs which confirmed what water divining said...a sizable underground stream in the middle of two hollow that converge in a great place for a lake! I'll post photos and keep you updated. I now know the excitement many of you have felt as your H2O dreams became reality!


I have this document in Word and would be happy to send it to anyone wanting the original...much nicer with formatting and google earth outline of the site.

Lake Construction Agreement
This agreement is for construction of lake by (Contractor) on property at owned by (Owner).

• General Outline of The Lake
The lake outline will generally be as shown on the sketch at right. Excavation for the dam will likely result in the outline being larger than shown here, and the contractor may also create points, humps, etc, that aren’t shown on this sketch. Contractor will work with Owner to shape the shoreline after primary construction of the dam is completed. If large rocks are unearthed during lake construction, Contractor will work with Owner to place such rocks in the lake bed after construction is complete.

• Source of Dirt For Dam
Due to the topography of the site, and the Owner’s desire to keep the pond banks from being too steep, a significant portion of material for the dam should be taken from the upper portions of the lake, as indicated by the red ovals in the sketch above (provided that the dirt in these areas is suitable for such use). It is understood that this work will also likely increase the size of the lake by extending into and perhaps beyond the areas indicated by the red ovals.

• Slope of Dam Front And Back
The dam will be constructed with a maximum of a 3:1 slope on the downstream side, and a maximum of a 2:1 slope on the upstream (lake) side. The portion of the dam normally above waterline on the upstream side (freeboard) will have a maximum of a 3:1 slope. Flatter slopes in any of these areas would be considered desirable.

• Slope of Shoreline
Unless approved by the Owner, the entire shoreline of the lake (below normal waterline) will have a maximum of a 2:1 slope. A slightly flatter slope would be considered desirable.

• Depth of Lake
Unless approved by the Owner, the lake will have a minimum depth of 4 feet (other than areas within 12 feet of the shoreline).


• Dam Construction
The dam will be constructed with a sufficient key and with a proper core in order to prevent seepage. The dam will be approximately 26 feet tall at its tallest point (measured vertically from the existing creek bed to the top of the dam). The top of the dam will have a minimum level width of 15 feet and be constructed in a manner to permit regular driving of vehicles across its length. The dam will have a normal freeboard between four and five feet. The dam will have an emergency spillway sufficient to handle 100-year floods. The dam pipe will be of sufficient diameter to handle the water flow from normal storms, and will have two anti-seep collars near the front of the dam. The inlet pipe will have a brush cage around it. The pipe will have a drain valve attached on the lake side of the dam.

• Width of Shelf/Path Around Lake
Contractor will excavate a level walking/driving path approximately ten feet wide around perimeter of the lake.

• Pre-digging for water source
Contractor will conduct pre-dig(s) before the first payment outlined below is due in order to ascertain the availability of underground water to feed the lake. If Owner decides not to pursue the project following these pre-dig(s) and before the arrival of other equipment, Owner’s total cost will be $300. If Owner approves the project, the cost of pre-digging is included with the first payment outlined below.

• Handling of Trees
Contractor will be responsible for removal of trees and stumps from the lake site, and placing them at a location on the Owners’ property that is agreed to by Owner and Contractor. Contractor will place some of the trees aside for Owner (selected trees to be identified by Owner prior to start of work). Contractor will not be responsible for removal of any debris (trees, stumps, dirt, rocks, etc.) from the Owner’s property.

• Handling of Topsoil
Contractor will stockpile topsoil on-site during construction of the lake. Contractor will distribute topsoil on freeboard, top of dam, back of dam, and around the lake.

• Establishing Groundcover
It is the Owner’s responsibility to establish groundcover around the lake and on all portions of the dam following the completion of all construction activities.

• Permitting Responsibilities
Appropriate permitting for the lake is the responsibility of the Owner


• Utilities and Other Responsibilities
The Contractor assumes all responsibility for ensuring that no utilities are damaged during the work. Contractor is also aware of all hazards on the property, and is solely responsible for the safety of himself and his employees while on the property.

• Delays
Unless Owner directly causes delays, Owner assumes no responsibilities for delays and will not be liable for additional charges resulting from delays.


• Warranty
Contractor warrants the construction and stability of the dam for a period of two years, during which time the Contractor will repair damages to the dam at Contractor’s expense. Though Owner is responsible for establishment of grass in the emergency spillway, Contractor agrees to repair damage that is caused by large rains within six weeks of the completion of the project. Other than this six week period, damage to the dam that is caused by Owner’s failure to establish grass on the dam will be the responsibility of the Owner.

• Project Cost and Payment Schedule
The cost for the completed lake project described above will be $ . Payments will be due as follows:
1. Payment of $ due upon
2. Payment of $ due upon
3. Payment of $ due upon
4. Payment of $ due upon
If any obstacles are encountered during construction that prohibit further progress of the project, the total amount due will be a prorated amount based on the approximate percentage of completion of each scheduled item above.

• Additional Land Clearing
Contractor agrees to perform land clearing outside the scope of the lake project as listed above at a rate of $ /acre. Contractor will pull all trees and stumps, except those marked with pink ribbons, in the designated areas. Contractor will loosely pile trees with stumps in rows. Contractor will provide smoothing of the terrain. Owner will be responsible for disposal of all trees and stumps and grading and seeding of the cleared area.



Owner Contractor

You're good. I can't think of anything to add.