ᐅ Excess construction sand classified as "waste"

Created on: 28 Feb 2023 16:33
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asrmel1
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asrmel1
28 Feb 2023 16:33
Hello everyone,

The concrete slab has been poured, and the earthworks contractor/foundation supplier has left various waste materials on the property. As the client, I am contractually obliged to dispose of these, so that’s clear.

But: what exactly qualifies as "waste"?

In addition to the usual materials like leftover concrete, sewer and drainage pipes, cut Styrofoam insulation panels, packaging, and wood scraps, the earthworks contractor also left about 15 tons of construction sand on site. This was ordered for the sub-base but was not fully used. My question is: does this count as "waste" as well? Or is the contractor required to take back excess material?

The construction sand represents a double burden for me, since I have already paid for the material without using it, and now I also have to cover the disposal costs.

Until these and other questions are clarified, I do not want to pay the final invoice. Since the payment deadline is approaching, I am also wondering how to proceed legally. Is it sufficient to send an email stating that I disagree with the invoice, or is it better to contact them by postal mail, possibly by registered mail? Do I need to provide a detailed explanation about what I consider unacceptable?

Thanks in advance.
Tolentino28 Feb 2023 16:40
Depending on the contract, this may already be included. You should post the exact wording here.

But honestly, I think you’ll still need it, or if you offer it for free on the small online marketplace, you’ll get rid of it faster than you can say construction law specialist.
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WilderSueden
28 Feb 2023 16:43
I would also say that you will easily find a buyer for this. Just list it for pick-up only at symbolic prices.
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asrmel1
28 Feb 2023 16:44
Exact wording according to the contract:

i. at own expense, excavate and dispose of waste remaining after the construction work
Tolentino28 Feb 2023 16:47
I don’t understand why anyone would sign something like that, but as I said, sand is not an issue.
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asrmel1
28 Feb 2023 16:50
I have already posted an ad on eBK (is that the "mini bay"?). Unfortunately, I haven’t found any interested parties yet.
Problem: there is very little space on the property, and the stuff has to be gone within 4 weeks at the latest because the (prefabricated) house will be delivered.
Even if I want to move it to the farthest corner, a mini excavator will be needed (an additional cost of 500 euros).