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#300151 07/22/12 10:46 AM
Joined: Jul 2012
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kansas Offline OP
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Hello! Im not sure where to start. We just had a 6 acre pond dug buy a contractor who is paying us to use the dirt for a highway project. They were projecting to dig 136,000 cubic yards but the final survey numbers came back at 87,000 cubic yards. They said our dirt "packed well". We dont see how they could be off almost 50,000 cy! When investigating this we realized that they didnt include the dirt they took out in the channels they dug to hold back water while digging. There are 4 very large channels...about 10ft wide by 8+ft deep that cross the length of our pond. When they did the survey our pond already had water on the floor and in these channels. They said they surveyed at the waters edge. We have asked for another survey but the contractor doesnt want to. Are we right in our thinking that they should survey the channels? Do we need a lawyer? We have been very unhappy with this project.

kansas #300152 07/22/12 10:54 AM
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How much would an additional survey cost?

Can you provide some pictures?

What is your primary specific objection
or problem with the current situation...
like is the pond not deep enough? Or what?


Fishing has never been about the fish....

Zep #300153 07/22/12 11:06 AM
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kansas Offline OP
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I am guessing the survey will cost at least $1,000. I talked with survey company and they have the capabilities in get in the water and measure these channels. They were never told about the channels being under the water by the contractors.

We love our pond. Its big and deep. We believe that they are ripping us off on dirt quantities that they took. The pond is almost 6 acres and approx 15ft deep to the floor and the channels are another 8+ft deep. I do not know how to do the math on that:)

kansas #300165 07/22/12 02:46 PM
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Certainly, few here will tell you what to do, but I suspect that most of us here would have already contacted a responsible surveyor or engineer to tell us how much dirt had come out of that hole and be prepared to testify in court as to his findings.

kansas #300176 07/22/12 06:26 PM
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How much money is at risk?

If they made a deal, they need to keep it. If the dispute is the volume of dirt moved or removed, that can be calculated mathematically.

If the dollar value is substantial, hire an attorney that understands this type of violation. If he/she sees you have a case, they'll probably pay for the survey, prove up the violation and the contractor won't have much choice to ante' up.

Take lots of photos, right now. Use something/someone in the photos to show depth of field. Don't just take pictures of dirt.


Teach a man to grow fish...
He can teach to catch fish...
kansas #300431 07/23/12 09:17 PM
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length x width x height / 27 That should tell you exactly how many cubic yards that they have got.


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