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#526799 10/15/20 05:59 PM
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I've mentioned a few of the details in the "What did you do at your pond today?" thread, but some new evidence has just come forward, and I have concluded that I have been scammed out of $8500. Here's my pond builder: http://www.co.stokes.nc.us/sheriff/files/nbaxter.pdf

Yep, a warrant out for his arrest, for taking money from a victim with prior knowledge that he would not be completing the job. On top of that, this guy has 7 felonies and 3 misdemeanors dating back to 2006, where he stole a $50,000 backhoe. Also has numerous drug charges, failure to appear charges, possession of a firearm by a felon, and many "obtaining property by false pretenses" charges. My last contact with him was Tuesday, in which he said he would be out today (Thursday) but never showed up. Phone is off, all calls go straight to voicemail, and he hasn't answered my texts all day.

To make matters worse, he has taken several loads of timber to the lumbermill for me. Well, that's what he was supposed to do. I called them and they said they have never heard of him, nor me. So, he apparently took the money from that as well, or just kept the trees for himself, who knows.

I have filed a police report, and need to go to the magistrate's office to press formal charges tomorrow. I'm saddened, angry, and heartbroken that my dream of owning a pond has come to a halt. I'm upset that I let him get the best of me, and fell for his scheme. I'm upset that he has also claimed victims before me. Lastly, I'm saddened that the justice system has failed this man, and let him continually wreak havoc on the general public. It makes you wonder how a known crook can just keep playing his game, go through the motions, take people's money, and just be free to do it over and over. Sorry for the off topic rant, but that needed to be said.

For the record, I'm not a rich person. I borrowed most of this money from my 401k and the rest from a personal loan. I don't have the funds to just go hire another pond builder to finish the job.

Lessons to be learned:

  • If it's too good to be true, it probably is
  • Don't pay for more than the work that has been done
  • Don't let someone's good intentions get the best of you
  • Always assume that they don't have your best interest in mind
  • Get every detail in writing, and remember that texts and emails are better than phone calls in court
  • Get an estimated completion date in writing
  • Find out how big their crew is, what kind of machinery they will be using, and how many hours per day they plan on working
  • Ask about how the weather will affect their work


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Aww man that is terrible news. Has he left any equipment? If so chain it to something and throw a lean on it.. lots won’t want anything up front..... Dangit that hurts

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Originally Posted by Pat Williamson
Aww man that is terrible news. Has he left any equipment? If so chain it to something and throw a lean on it.. lots won’t want anything up front..... Dangit that hurts
No, I wish. He pulled all of his equipment out of there about 2 weeks ago.


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You may want to talk to the state federal or county office that deals with timber DNR perhaps. In some instances stealing timber is a federal offense. One of the state or federal agencies can put you on the right track. A Federal offense may be involved here.


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Why in the world would you pay up front?????? If I was hiring someone that couldn't do the work first and get paid later I would not use them....I owned my own refrigeration business for years and I would NEVER ask for cash up front unless it was a customer I had issues out of previously.

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Agree with slap a lien on his equipment.


It's not about the fish. It's about the pond. Take care of the pond and the fish will be fine. PB subscriber since before it was in color.

Without a sense of urgency, Nothing ever gets done.

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Also ask to see or verify his previous work.

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Man I hate that for you. Like others said above, I'd look into how to go about putting a lien on his equipment.

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Fileing a lien might help you get some money back but it might not. At least that has been my experience with lawyers and liens. I think to beat a crook you have to be a crook or do things you might not normally do. Problem is things could go wrong and that's not good. I personally know ( One a distant friend and one a distant family member) who persued getting their money back from crooks where large amounts money was involved. I'm talking 50,000 to 100,000 ranges. Both times it involved guns. One friend got his money the other is now in jail and in court for murder. It's best to follow the law and see where it takes you.


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I would have paid 25% up front with no issues. Not gunna kick you while ur down for sure. In life when one door slams in ur face like this another better one will open. The wife n I strongly believe in karma (shes a bad bitch). He will face the music at some point (and maybe BUBBY). Hopefully in the long run it ends up better for ya.


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That is so sad to hear, makes me mad, the problem with a lien is that people of his caliber probably owes more on the equipment then its worth or doesn't even own the equipment, or its probably got several liens on it already, I hope you get some kind of restitution out of the guy. Good Luck, wish I had more confidence tho then I do that that will happen. Sorry


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Originally Posted by Johnny Burnette
Why in the world would you pay up front?????? If I was hiring someone that couldn't do the work first and get paid later I would not use them....I owned my own refrigeration business for years and I would NEVER ask for cash up front unless it was a customer I had issues out of previously.

I know, I messed up. I just got caught up in the whole thing, got anxious, and felt like he was being sincere. I wanted it done, and when he said he needed more money to get it done, I gave in. I figured that if I said no, that it wouldn't get done.

Regarding the liens, I don't even know if he has his own equipment. He said that he did when he came out to give me an estimate, but all of his equipment had rental stickers on it, so I'm not sure. When I say "all of his equipment" he really only a skid steer and a mini excavator (track hoe). He never brought any big equipment out.

I'm currently looking into the timber theft, and seeing what I can do about it. Thank you all for the support and advice. I got a guy coming out next week (the first guy who gave me a quote), to see how much it will cost to finish this project. All I have left is the dam, making the sides a bit wider, and the tree removal. Most of the trees are already knocked/cut down, and are laying in the pond bottom.

Originally Posted by gehajake
That is so sad to hear, makes me mad, the problem with a lien is that people of his caliber probably owes more on the equipment then its worth or doesn't even own the equipment, or its probably got several liens on it already, I hope you get some kind of restitution out of the guy. Good Luck, wish I had more confidence tho then I do that that will happen. Sorry

Yup, that's why I can't stand the court system, and this guy clearly knows how to play it very well. He did just enough work to think that maybe I won't file charges. Even if I take him to court and win, I probably won't see the money again. If he doesn't voluntarily pay up, then I need to take more legal action to try to get paid via wage garnishments or bank levies. I'd probably guess he has his assets hidden very well. Also have to consider court costs and/or lawyer fees if I decide to go that route. It's just a big mess right now.

Last edited by Steve_; 10/16/20 03:14 PM.

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I must say that I too have lost faith in the legal system based on similar experiences. Its a hard pill to swallow. Sorry that this happened to you.

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I don't pay anything until the job is complete to my satisfaction. I get references beforehand. I have no faith whatsoever in the legal system here.

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Originally Posted by John Fitzgerald
I don't pay anything until the job is complete to my satisfaction. I get references beforehand. I have no faith whatsoever in the legal system here.

Yeah, the issue I was having was the lack of pond builders in the area. A google search only turned up people that do small garden ponds, not fishing ponds, so my options were limited. I did get 3 quotes, but the guy that ripped me off was the only one that sounded remotely interested in even taking on the project, which is why I picked him. I was ok with paying $2500 up front, but when he asked for more money, in the back of my mind I'm thinking, "I know I shouldn't do this but if I don't, then my pond won't get finished" so I stupidly kept giving him money.

I've never done any of this before, never hired a contractor in my life, so I just assumed that paying some money upfront was common practice. After all, they're protecting themselves, too.


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No, don't pay upfront for land improvements. At least I never have. The contractors are already protected somewhat in that they could put a mechanic's lien on your place if you didn't pay after satisfactory performance.

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Steve, I feel bad for you. I hate to say it but I thought something didn't sound right when you said he was using a skid steer to clear with when if he was going to bring out a dozer, it would do the job so much faster. I also hate to tell you but my pond site was all wooded with thick under growth and the clearing part of the project was much cheaper than the dam part.
I hope you can figure out a way to get your pond soon!


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Steve:

My condolences. I agree with going after him for timber theft and what every else you can without digging much deeper into your pocket.

I would contact the county NRCS office and talk to them about their pond builder list. They can't recommend anyone but if you ask them "If you were having a pond built who would be the first 3 or 5 contractors that you would call?" might get you a jumping off point.


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Originally Posted by Bobbss
Steve, I feel bad for you. I hate to say it but I thought something didn't sound right when you said he was using a skid steer to clear with when if he was going to bring out a dozer, it would do the job so much faster. I also hate to tell you but my pond site was all wooded with thick under growth and the clearing part of the project was much cheaper than the dam part.
I hope you can figure out a way to get your pond soon!

Well, when I bought the property, I was fortunate enough to have a basic pond shape already formed. The biggest issue was the tree removal, which is probably 75% done. In my case, there won't actually be a lot of dirt that needs to be moved, other than for the dam. He has a several large piles of clay set aside specifically for the dam, and had claimed that he could finish the project in 1 day with his D9 dozer (if he even has one). I don't think he owns his own equipment, other than a truck with a big flatbed for hauling the smaller equipment.

@esshup - When I contacted them about their permit information regarding pond size and dam height, I asked him that very question and he said they no longer keep a list of pond builders. I'm seeing how incredibly easy it is to rip someone off in the pond building business. Sad.


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Sorry Steve - this is exactly why I encouraged you to contact me when you were inquiring about sealing ponds about a month ago. I was going to walk you through every step of the pond building process and would have likely learned about this contractor through our discussions and would have strongly encouraged you to avoid someone trying to build your pond with a skid steer and mini E. I also would have likely learned about his request for $ up front and would have related it as a red flag. I guess this is water under the bridge.

FORUM if pond/fishery pro offers free consulting time I strongly suggest you take them up on it. This serves as a prime example of why...and also why the Forum is also so valuable. ASK QUESTIONS! We are here to help!


Many men go fishing all of their lives without knowing that it is not fish they are after. ~ Henry David Thoreau

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Yeah, he said he had all of the equipment to do it. I just figured he was starting with the 2 smaller pieces of equipment and would bring in the big boys to build the dam and finish it off. My neighbor has experience running heavy machinery, and offered to give it a try if I rented the equipment. I'm weighing all of my options at this point.


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Is this criminal fraud?


It's not about the fish. It's about the pond. Take care of the pond and the fish will be fine. PB subscriber since before it was in color.

Without a sense of urgency, Nothing ever gets done.

Boy, if I say "sic em", you'd better look for something to bite. Sam Shelley Rancher and Farmer Muleshoe Texas 1892-1985 RIP
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Originally Posted by Dave Davidson1
Is this criminal fraud?

So far, the deputy I talked to said it would only be civil... not sure how that works because he stole a bunch of timber from me, which would make it criminal, and in some circumstances, timber theft can be a federal offense.


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Steve, I don't want to give you a hard time and I'm only saying this to try and help, but I wouldn't go by anything that guy said. How long and high is your dam going to be? My dam is about 150' long and 21' high. They got all of the dirt to build it out of the pond area. They was hoping to make it 26' high but they ran out of dirt. It takes a LOT of dirt! The sides of my pond are pretty steep from all the dirt they took out to make my dam. They used two 953 high lifts to build it and it took about 4 days. Maybe my guys were slow, but I can't see someone building much of a dam in 1 day.


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Steve:

Go talk to the State Forrester. Talk to them about the value of the timber that was stolen, THEN go to the police and say "X" stole "$$$" of timber from me and I want to press theft charges. Be proactive, don't sit back and let this sucker get one on you too.


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Originally Posted by Bobbss
Steve, I don't want to give you a hard time and I'm only saying this to try and help, but I wouldn't go by anything that guy said. How long and high is your dam going to be? My dam is about 150' long and 21' high. They got all of the dirt to build it out of the pond area. They was hoping to make it 26' high but they ran out of dirt. It takes a LOT of dirt! The sides of my pond are pretty steep from all the dirt they took out to make my dam. They used two 953 high lifts to build it and it took about 4 days. Maybe my guys were slow, but I can't see someone building much of a dam in 1 day.

I appreciate it man, and I know your intentions aren't malicious. In North Carolina, a dam can only be 15' high before a permit it required, so that's what I'm working with. The length of the dam isn't going to be very long, as my pond will be more "football field shaped" than a perfect circle or oval. Using the measure tool on google maps, I estimate the dam will be between 90-110' feet long, and the overall length of the pond from the dam to the opposite shore line will be around 230'. The dam side of the pond is very deep and the opposite side is very shallow, so I assume he was planning on taking dirt from both the shallow end and the sides to make the dam (if he even intended on doing it, of course).

@esshup - The issue that I'll probably have is estimating the cost of the timber, since I've only seen him take 2 small loads to the mill. He said he only got $500 for the first load because he didn't cut them to the preferred lengths that the mill wanted. The 2nd load should've netted more. I work 2nd shift and leave for work around 2pm everyday so I honestly have no idea if he's taken more loads that I'm unaware of. Also, out of the $8500 I've given him, I have no idea how they would estimate how much work he's actually done relative to the amount he quoted me and the amount he's completed. He's done mostly tree work, and very little dirt work. I'll try to get some pictures or videos of the mess I have and see what you guys think.


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Steve...hurting for you, man. I'm dealing with a contractor right now also, just not quite so bad - but still sucks.

My recent legal experiences with this situation may serve as a helpful guide for you. I again offer to hop on a call with you and help try to circle the wagons - happy to help. I'm an email away.

TJ


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I did a short video to show the mess I have, and to see what you guys think:

https://youtu.be/xzLFToj-0lw

TJ, I may just do that, thank you.


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Do you know where he lives? Pretty sure I would be paying him a visit. Not saying go over with any weapons. Him and I would be having a (conversation).

My neighbor stole my kids hoverboard. I reported it they came n talked 2 him and me. He admitted he took it but cant find it. They did nothing. The system is so screwed up I dont trust it at all. From then on I will take care of my own family since they wont.


The people who say I can't do it can just sit the @^#% down and watch me. Friends call me Rusto I also subscribe to pond boss mag. http://forums.pondboss.com/ubbthreads.php?ubb=showflat&Number=504716#Post504716
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Originally Posted by RStringer
Do you know where he lives? Pretty sure I would be paying him a visit. Not saying go over with any weapons. Him and I would be having a (conversation).

My neighbor stole my kids hoverboard. I reported it they came n talked 2 him and me. He admitted he took it but cant find it. They did nothing. The system is so screwed up I dont trust it at all. From then on I will take care of my own family since they wont.

That's another hurdle I have, since there's an active warrant out for him right now, finding him will be a chore. He has about a dozen different addresses for the past 10-15 years. And I agree, the system is very screwed up. There is absolutely no protection for the consumer in this situation. Even with a contract, receipts for all payments, and documentation of all communication, there's no guarantee you'll ever get your money back, even if you win. In a perfect world, the county court would pay you and he would become a debtor to the county. Nope, you have to fight to get your money back. With no income to garnish, probably no bank account to levy, no equipment to put a lien on and no known address, you're screwed. He knew all of this, and I didn't... or maybe I did, but just didn't think it would happen to me.

That sucks about your kids' hoverboard. "I took it but can't find it" sounds a lot to me like, "I took it and sold it." At the very least, his parents should've offered to buy your kid a new one, or reimburse you. Like you said, this is why people take matters into their own hands. You just can't expect people to do the right thing anymore.

On a minor positive note, I got a guy coming out tomorrow to give me an estimate to finish the pond. This is the original guy I got an estimate from. While I feel like this guy is legit (has his own business, with a website, and many positive reviews..and my neighbor also knows him), he's not great at returning phone calls or replying to texts. I called him last Friday, and he said he would come out this week to look at it. I called him Tuesday, no answer, and it said his voicemail box wasn't set up, so I texted him. No reply, no phone call. Called him again today, and he said he'll try to come out tomorrow. I'm just about to the point where I'm gonna rent a big dozer and pay to fly one of y'all out to North Carolina to help me fix this mess lol.


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Send me a ticket LOL. Not a pro at pond building but I know most of the do's and don'ts. I could leave you with one hellva hole if nothing else. When I got home my wife would kill me so I better not. I looked into renting one and it was over 3000 for one week. That's not including fuel or transporting it. My little Kubota only takes diesel so I went with that on mine (not recommending). Karma will get him some day.


The people who say I can't do it can just sit the @^#% down and watch me. Friends call me Rusto I also subscribe to pond boss mag. http://forums.pondboss.com/ubbthreads.php?ubb=showflat&Number=504716#Post504716
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What kind of equipment was it for the 3000/wk? I'm no expert, but I've seen the kind of dirt a big dozer can push, and I don't think I'd need it for more than a day or two. And of course, I have no way of transporting it so I'd have to add some cost for that.

Maybe a better question, what kind of cost range could I expect if I hired someone to run a big dozer for 1 day? I'm THINKING it can be done in a single day.


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Im pretty sure it was a D8. Could be wrong on that. Around here we got a fella that's charges 175 an hour. Prolly a min charge of 4 hours. He has a big dozer and track hoe.


The people who say I can't do it can just sit the @^#% down and watch me. Friends call me Rusto I also subscribe to pond boss mag. http://forums.pondboss.com/ubbthreads.php?ubb=showflat&Number=504716#Post504716
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Update, I’ve been in contact with a detective and it turns out that this guy has been ripping people off all summer long, peddling his pool scam. He’s also ripped people off from offering tree removal services. I put a notice out on a Facebook group that covers a large portion of my area and you would not believe the messages I received from people who he ripped off, several people with $50k pools. Silver lining, one of his victims was able to get a hold of his business insurance policy information, and we’ve all took out a claim against it. If all goes well, they should cover getting my pond, and everyone’s pools finished.


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Hope it works out good for ya. Bet that insurance company wish they would a have did a better reference check on him.


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Steve,

I've been following this thread and its really good to read that the insurance might help to cover the loss. Also would just like to say I think your response to this curve ball life has thrown at you is exemplary. I am really looking forward to reading how your dreams of having this pond have been realized and how much you are enjoying it.


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Originally Posted by RStringer
Hope it works out good for ya. Bet that insurance company wish they would a have did a better reference check on him.

I was thinking the same thing. I almost feel bad for the insurance company. Almost...

Originally Posted by jpsdad
Steve,
I've been following this thread and its really good to read that the insurance might help to cover the loss. Also would just like to say I think your response to this curve ball life has thrown at you is exemplary. I am really looking forward to reading how your dreams of having this pond have been realized and how much you are enjoying it.

Thank you sir, it's been a struggle lately. I've compared this situation to telling a kid that they're going to Disneyland, but everyday you give them another excuse for why they haven't gone yet, and 6 weeks later, saying, "Nah, just kidding." From the post I made on Facebook about this guy, and being ripped off, I've received many offers from people to come fix this mess. One guy even offered to do it for free if I had the equipment to do it (I don't), which totally blew me away.

I got a new quote from the very first guy I spoke to, and he said he'd charge $2500 just to finish clearing the trees and brush (and burning it for me), and probably another $3750-5000 to build the dam. I don't have that kind of money right now, so I'm really banking on this insurance thing panning out. Thank you all again for your support and kind words. There are some terrible people out there, but devastating situations like this have shown me that there are still some decent folks out there, too, looking to do the right thing.


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I have never heard of insurance that covers a company's customers and allows them to file claims.

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Originally Posted by RAH
I have never heard of insurance that covers a company's customers and allows them to file claims.

Nor have I, to be honest. I've been walked through the steps from one of the victims that he ripped off (gave him $23k out of a $48k quote for a swimming pool), and from what he said, the insurance company would basically cover the lost amount, and hire a new contractor to complete the job, and the victim would still have to pay the $25k balance. At least that's what I've been told. We'll see.

From my little bit of research on it, I only see where you can file property damage claims against their liability insurance. In my scenario, I don't know how you can put a price tag on restoring all of the trees and dirt back to its original state, but I sure as hell am going to try.

Edit: After doing further research, I think I may be dealing with something called a Surety Bond, which is usually handled by an insurance company. A bond protects the customer, so if he was bonded, then that will be great for me and everyone else he scammed.

Last edited by Steve_; 10/23/20 03:55 PM.

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Very interesting

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Steve:

I talked to TJ. Give him a call.


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Originally Posted by esshup
Steve:

I talked to TJ. Give him a call.

I don't have his number. Not sure if he's posted it before.


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Originally Posted by Steve_
Originally Posted by esshup
Steve:

I talked to TJ. Give him a call.

I don't have his number. Not sure if he's posted it before.

Send him a private message asking for his phone number.


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Just an update: I finally talked to a representative from this guy's insurance company (after 4 days of giving me the runaround). I have a claim submitted, and sent them a copy of the contract, copies of all payments I gave him, and pictures of his "work." I'm trying to not get my hopes up, but I feel like I have a really good case to get my money back or have them get a new contractor to give me a pond.

@TJ - I took your advice from our phone call and called my homeowner's insurance to see about the tree theft. They don't cover anything like that, so I'm hoping this guy's bond will cover it. I'm not exactly sure how they'd determine the value of the trees he took, other than by measuring the remaining stumps he didn't remove and giving me an estimate. I had 2 different guys tell me that I had $3-5k worth of trees in my little lot, so it'd be nice to get some of that back, as I was planning on using that money to invest back into the pond. I'll keep everyone updated.


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Steve_, give the state forester a call.

You could also give these guys a shout and see if there is anyone local to you that could give you an estimate on the price of the timber that was stolen. https://www.ncforestry.org/


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In North Carolina it is a Class H Felony if the value of the theft is $1,000 and higher.

You probably have photos of the area you marked for your pond, yes? And so any certified arborist should be able to look at those photos, the remaining stumps and surrounding trees, and provide a dollar value to you. And unless it was pure junk it should value over $1K. Moving the theft of property from a misdemeanor to a felony makes a big difference. Although it sounds like the perpetrator has a long line of others he has wronged ahead of you.

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Originally Posted by basslover
In North Carolina it is a Class H Felony if the value of the theft is $1,000 and higher.

You probably have photos of the area you marked for your pond, yes? And so any certified arborist should be able to look at those photos, the remaining stumps and surrounding trees, and provide a dollar value to you. And unless it was pure junk it should value over $1K. Moving the theft of property from a misdemeanor to a felony makes a big difference. Although it sounds like the perpetrator has a long line of others he has wronged ahead of you.

Yeah, he has a long history of felonies, so this would just be another to add to the pile. I do have lots of before-and-after photos and videos. Whether it's a misdemeanor or a felony won't help me recover money directly from him I don't think. According to one of his other victims and research I've done myself, he has absolutely no assets. Everything he "owns" or uses is in other people's names, and of course, he has no legitimate wages that they could garnish.

I just want my pond! *stamps foot on ground*


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You didn't do even a rudimentary background check? Sorry, but you messed up. Live and learn. First, don't pay in advance. Next, get references. Next, pay a few bucks for a background check, if it's not a well known company. Very sorry you lost a bunch of money, but I cannot have a lot of sympathy. People get scammed too easily. The whole deal just seems foreign to the usual ways of doing business. Don't take it as personal criticism, but use it moving forward as a learning experience. Don't trust people. Verify everything.

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Originally Posted by John Fitzgerald
You didn't do even a rudimentary background check? Sorry, but you messed up. Live and learn. First, don't pay in advance. Next, get references. Next, pay a few bucks for a background check, if it's not a well known company. Very sorry you lost a bunch of money, but I cannot have a lot of sympathy. People get scammed too easily. The whole deal just seems foreign to the usual ways of doing business. Don't take it as personal criticism, but use it moving forward as a learning experience. Don't trust people. Verify everything.

As I said, this is the first time I've EVER hired anyone to do any kind of contract work. We just bought our first home over the summer, and that was a new process to me as well. Everything he said sounded legit, and I had my mind on the end result... which was my ultimate downfall. They don't exactly teach you these kinds of things in school. I've never been scammed and I surely would've questioned his motives if I saw any red flags. I'm not asking for sympathy, just wanted to post this so other people don't make the same mistake I did.

In hindsight, I'm not even 100% sure that he intended to rip me off. Some of the work he did wasn't that of someone that had no intentions of finishing the job. If I took a contract job where I intended to rip someone off, I would do the least amount of work to just barely keep the person on the hook that I would finish the job. When he found a spring and had to clear more trees to move the dam back further into the woods, doesn't sound like something he would do if he didn't plan on finishing it... the trees he cut down weren't worth anything and he actually left them laying down. If he didn't plan on finishing the job, I'm not sure why he'd do all that extra chainsaw work, which is arguably the worst part of the job. I'd just piddle around on my equipment all day if it were me, but who knows. The day he quit working was a day after his warrant was issued, so that may have been part of it. I guess we'll never know.


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Every High school senior should be required to attend and pass a class several days long on how to avoid and spot scams, and how to do simple contracts. It would be more valuable than a lot of other classes that last an entire semester.

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I believe I would attempt tp file a lien om his equipment


It's not about the fish. It's about the pond. Take care of the pond and the fish will be fine. PB subscriber since before it was in color.

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Dave,
The op said the scammer has no assets. He rents equipment.

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That is correct.


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I'm shocked that a guy like that was bonded. You'll probably get your money back (at least part of it) if he's a bonded contractor.

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It all depends on how much the limit of his bond is, and who gets paid out of it first.

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Originally Posted by John Fitzgerald
It all depends on how much the limit of his bond is, and who gets paid out of it first.

One of the victims I'm talking to said it was for $1 million but I haven't been able to verify it.


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That's a huge surety bond for a single operator. Maybe it's just liability insurance, in case he hurts someone with the equipment, or fells a tree on someone, things of that sort.

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Originally Posted by John Fitzgerald
That's a huge surety bond for a single operator. Maybe it's just liability insurance, in case he hurts someone with the equipment, or fells a tree on someone, things of that sort.
JF, I am with you on that one, Id guess he might have a mil in liability insurance but the chances of him having a mil in a surety bond is slim to non, that is an expensive insurance and this fellow doesn't seem to be the type to have that, or the character that any insurance company would even issue one to,, I hope Im wrong for Steve's benefit.
Again, I wish him way better luck then Im afraid of.


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I hope he does some hard time


It's not about the fish. It's about the pond. Take care of the pond and the fish will be fine. PB subscriber since before it was in color.

Without a sense of urgency, Nothing ever gets done.

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Originally Posted by Dave Davidson1
I hope he does some hard time
I think nothing will happen to him. Bad people get away with stuff like that. I have little to no faith in the system.

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Agree John


It's not about the fish. It's about the pond. Take care of the pond and the fish will be fine. PB subscriber since before it was in color.

Without a sense of urgency, Nothing ever gets done.

Boy, if I say "sic em", you'd better look for something to bite. Sam Shelley Rancher and Farmer Muleshoe Texas 1892-1985 RIP
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Final update on this: I Finally heard back from this guy's insurance company and they said my claim isn't covered. She said it doesn't cover "intent," whatever that means. I'm assuming it doesn't cover intent to damage or defraud me, only "accidental" damage. At least, that's what I took away from it.

Back to the drawing board.


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Sorry to hear that.

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Sorry to hear about the outcome on this. Being in the equipment business (we own a rental company) you meet all kinds of characters and learn how to spot the shady ones (most of the time). I would be hesitant on the original builder you are thinking of bringing back as well. If you can't get in touch with him when you are trying to give him business, imagine how quick he will be to call you back when something goes wrong.

My grandfather built ponds for decades as part of his business. A large portion of those were when he did not win the bid, and got called back because the person/company who did, could not deliver what they promised. I hope you find a way to get this done and behind you.

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At this time, I don't have the funds to complete the job. Thinking about a home equity loan at some point. We bought our house for a few thousand less than what it was appraised at, so we instantly started off with some equity, or at least thats how I understand it. Right now I have about an 8' deep hole thats probably 10'x10'. Its held water since it was dug. Might throw some minnows in it, or some BG to mess around with, when it clears up (if it clears up - its surrounded by piles of clay/dirt that keep re-muddying the water every time it rains). We'll see what the future holds... I haven't given up yet.


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Is your water level staying 8' deep? If so and all they did was dig a hole and it stays full, then you could try renting a skid steer for a weekend and see how much bigger you can make it and if it will still hold water.


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I would take a deep breath and take your time. You are in an unfortunate situation, but think things through before throwing more money at it. Adding some FHM should not hurt, but don't let your frustration get the better of you. As someone who has been through what you went through, I truly wish you the best.

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RAH is right, you'll be better off if you take your time and think things over. I also understand that sometimes it is hard to wait and you want something to play with while you wait. If you just have to have something to play with now maybe make something that can be used as a sediment/forage pond later.

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Originally Posted by Bobbss
Is your water level staying 8' deep? If so and all they did was dig a hole and it stays full, then you could try renting a skid steer for a weekend and see how much bigger you can make it and if it will still hold water.

Yeah, it has held water and never dropped once. I'm pretty sure there's a spring in the bottom of it, or at least that's what the felon/scammer/A-hole told me. It's just really muddy due to the surrounding terrain being exposed dirt/clay. The skid steer isn't a bad idea, of course, I've never operated one before. I'll see how my finances are in 6-9 months and maybe have a plan put together for a new fall dig.

@RAH, thank you sir. As you know, my ultimate goal is to be able to raise blue cats and the hole I have now is too small for that.


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Looks like I will to try and catch my stocker blue cats. Cannot find a source near me. My water is still too infertile to add any predators right now anyway. That will change as leaves blow in and plants get established.

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Re reading all of this and have come to a conclusion. There is a shortage of butt whuppins and way to much government and lawyering.


It's not about the fish. It's about the pond. Take care of the pond and the fish will be fine. PB subscriber since before it was in color.

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Yes tht fella is one REAL good ass whipping away from straighten up his ack.


The people who say I can't do it can just sit the @^#% down and watch me. Friends call me Rusto I also subscribe to pond boss mag. http://forums.pondboss.com/ubbthreads.php?ubb=showflat&Number=504716#Post504716
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Just an idea: When we financed our pond, it was strictly from savings re-financing the house. We dropped the interest from 6.8% down to 3.99% or something like that, and also reduced the length from 30yr to 15yr at the 7yr mark (so we get done 8 years sooner). In the process, we increased the loan over the remaining balance to cover some projects we wanted to do to the house. The leftovers from those projects built the pond. It wasn't an equity line of credit.

Our payments went up $150 per month, but we wound up saving more than $80K at the end of the term vs. the 30yr even with the extra money withdrawn of $20K. Win-win, and amazing how much money you give the bank to loan you money for 30 years.

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Originally Posted by liquidsquid
Just an idea: When we financed our pond, it was strictly from savings re-financing the house. We dropped the interest from 6.8% down to 3.99% or something like that, and also reduced the length from 30yr to 15yr at the 7yr mark (so we get done 8 years sooner). In the process, we increased the loan over the remaining balance to cover some projects we wanted to do to the house. The leftovers from those projects built the pond. It wasn't an equity line of credit.

Our payments went up $150 per month, but we wound up saving more than $80K at the end of the term vs. the 30yr even with the extra money withdrawn of $20K. Win-win, and amazing how much money you give the bank to loan you money for 30 years.

Wow, glad that worked out for you. I'm definitely interested in doing something like that (a re-fi over another line of credit).


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Of note, a little off topic: We purchased our house for $146K back in 2001, a hell of a deal/steal. If we stuck with the original mortgage, we would have paid about $180K in interest, More than the value of the house at purchase time. Back in 2001, it was our first house, and we couldn't get a reasonable interest rate.

Go here to fart around with various loan parameters:
https://usmortgagecalculator.org/

So original loan at 6.8% over 30 year would have cost me $180K
Same loan a 3.99% would have cost me $94K
Dropping to 15 year at 3.99% would cost me $43K

So from original to now not considering the 7 years stuck on the crap loan it would be a $137K pond! Out here, I would need more than 16 acres to support that.

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