ᐅ Excess construction sand classified as "waste"

Created on: 28 Feb 2023 16:33
A
asrmel1
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.
A
asrmel1
28 Feb 2023 16:52
I would also be very grateful for a response to the second part of the post ;-)
Tolentino28 Feb 2023 16:53
Yes, exactly.
Really? Giving it away for free? How long has it been available? Where is the building plot? It must be really remote (which actually argues against a small building plot). If no one is responding to it.
The whole amount would be too much for one person, but I would say if you give it away, everyone can take as much as they want, then it will be gone in two weeks...

Honestly, I don’t think you can take any legal action based on the wording.
But you can still talk to the person to see if they have any other work in the area and maybe can move the pile with an excavator to a place where it doesn’t cause any problems.
F
Fuchur
28 Feb 2023 16:54
asrmel1 schrieb:

Do I need to rent a mini excavator (additional 500 Euro cost)?
You can move 15 tons of sand yourself with the excavator in about 1 hour; here it costs 100€ per day.

And you always need sand, so if necessary, spread it across the entire property. I also had leftover sand. Once it was gone, I refilled several times.
A
asrmel1
28 Feb 2023 17:00
The building site is located in the Frankfurt am Main area. As mentioned, there are still some discrepancies in the invoice. Therefore, my question is: how can I remain legally protected if I do not want to pay the invoice yet?
A
asrmel1
28 Feb 2023 17:01
Fuchur schrieb:

So you can move 15 tons of sand with the excavator yourself in 1 hour; it costs 100€ per day here.

Yes, the same here, but additionally: 120€ for delivery and pickup, 50€ for insurance and wear parts, 80€ per hour for the operator.
Tolentino28 Feb 2023 17:09
Are you in a sports club? Let the under-19 team shovel in exchange for a case of beer...