Pond Boss Forums INTRO Questions & Observations Elements of a lake contract

I previously requested examples of a contract for constructing a new lake and received none. I am now thinking I will have to start from scratch, and I would really appreciate a good discussion on everyone's opinion of essential elements of a good lake contract. I will be happy to share the final document with anyone interested.

I think the lack of response is due to the fact that pond construction has so many variables that it's not possible to create this concise, binding agreement most of us are accustomed to using as a business instrument. I understand the desire to create one, but I'm not surprised at the lack of results thus far because I doubt these exist for several reasons.

My pond contractor and I used more of a sales agreement and in it we defined the following items:

Pricing for:
Cyd earth moved [we estimated how much we'd have to move to acheive my desired dimensions - but this is necessarily a rough estimate]
Core trench
Tree removal
Tree burial

Several items were not covered in our agreement:

Project duration [weather plays a huge role and can delay a project for weeks or more]
Erosion control of banks [this was my responsibility]
Seepage [core trench/dam performance, clay compaction]

The last part is the most important element of the project - if a pond doesn't hold water, it's been a galatic waste of time and money. However, all ponds leak - period. So, it comes down to how much seepage is normal, and how much would lead one to conclude a contractor made an error? I was lucky that my contractor was willing to work with me on one of my ponds where I have a fairly steady seep in the dam. He's agreed to buy it back. So, I used that "credit" instead to have him build me 3 small forage ponds this Spring instead. I can keep the seeping pond full using well irrigation, and would prefer to expand my available bows for experiments than to simply have a check cut. So, in the long run it worked out ok for me.

I know Mike Otto would stand behind his work, too - but are Mike and my contractor exceptions to the rule? This whole pond construction realm has blown up in the past 10 years as pond management technology and demand from acreage owners has grown that I think it's a pretty unregulated industry. Otto often writes that 20 years ago they'd dig a hole wait for rain and call it a fishing pond. Not any more.

I hope my input helps - but I think creating a binding service contract will be a difficult task as there exist too many variables for the contractor to ever get comfortable enough to execute one that makes you feel secure.

In lieu of a contract I think it's best to perform copious amounts of research locally. As Otto often preaches - call the big equipment repair mechanics and other related companies that would do business with pond contractors in your area and pose the questions: Are they paying their bills? Do they seem reliable? Are they busy? Also the NRCS may be able to nudge you in the right direction with some references. Check local ponds and ask the owners if they're happy with the pond - if so, get a name. Doing your homework ahead of time and finding a solid, trustworthy and experienced contractor will probably be as close as you can get to a service agreement or contract for your pond construction project.

teehjaeh57,

This is great input. Thanks! I have thought of including the following:
• General outline of the lake using GIS mapping
• Max slope of dam front and back (2:1 and 3:1)
• Max slope of shoreline (2:1)
• Width of shelf/path around lake (5')
• Handling of trees (contractor agrees to put some aside for me)
• Spreading topsoil on exposed areas around lake and dam
• Establishing groundcover (my responsibility)
• Proper sizing of pipe and spillway (contractor's responsbility)
• Anti-seep collars on pipe
• Permitting responsibilities—owner
• Utilities responsibilities—contractor
• Payment schedule
• Minimum depth of water away from shore slope (4')
• Shaping of lake (contractor agrees to work with owner to shape points, etc)
• Location of dam on GIS map
• Height of dam
• Keyway
• Assurance against leaking (I don't know how to word this one)
• Future warranty—how long?
• Dam core
• Owner not responsible for weather delays
• Disposal of stumps

Any other ideas?

I don't know how to word it, but something in there to say how much the soil in the pond basin has to be compacted? I believe there are specs out there for raodway basess, building pad basess, etc. I wonder if there is something out there that says what a pond needs?

That way you're not telling the contractor how to do it, just that it has to meet "X" specs. How he gets it there is his worry.

Spec on the drainage pipe? Plastic, galvanized steel, concrete, etc?

On dam, spec height and dia of primiary drain pipe, height and width of emergency spillway and how much freeboard there will be between that and the top of the dam.

What will the emergency spillway be made of? I'd have the contractor finish that, just in case you get a deluge that goes over it the day after the job is completed.

Spec max depth of the pond from the proposed full pool water line, and the general bottom contour of the pond. (under shaping of the lake)

Where will the dirt (spoils) that come out of the pond be placed? Will those be covered wtih topsol as well? Will they be graded smooth?

You might want to do a trial run on a 2:1 and 3:1 slope wtih a mower. Do you plan on mowing any of that slope that will be out of the water or on the dam?

Great input! I hadn't considered that I would need to mow the lake side of the dam that is above water (freeboard), so I will want that to be at least 3:1. Also hadn't considered spoils...I don't want a big pile. Given the necessary size of the dam, he will be digging in order to get enough dirt for the dam, so I don't expect there will be much in the way of spoils. Spillway will be earthen. I will put a straw mat on it and keep it watered. I could put in that he agrees to come back and help reform it if there is a gulley washer.

I also hired an engineer who worked on site during all phases of the construction of my main pond. He only charged me around $1k, and it was worth every penny. Not saying he kept my contractor "honest", but I remember we did hit a sand vein in the core trench and the engineer jumped 8' down inspecting the stuff closely and demanded the guys continue going until they made it through. I know I never would have caught that, and I'd have a 2 ac mud hole had that never held water otherwise. Consider an engineer on site for every phase!