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.
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.
Well, as mentioned before, in the context of house construction, that’s not a significant amount. They probably filled the last truck fully at the gravel yard to avoid coming up short. So, there was some leftover. Of course, they left it there, because first, you paid for it, and second, the gravel yard won’t simply take back any excess material. It would have been a nice gesture to ask if you wanted it placed somewhere specific on the property. But you should never rely on that during house building. If you don’t specify anything yourself, they will do it the way they think is best, and usually, they think in the simplest way for themselves—if they think at all.
H
HilfeHilfe1 Mar 2023 06:11asrmel1 schrieb:
Ok, thanks for the opinions, but back to the original question: is the earthworks contractor allowed to do that just like that? I mean delivering more material than needed and just leaving it there? You posted the section yourself. What do you want to hear, go to a lawyer?
It’s not worth the sandpile.
Winniefred1 Mar 2023 08:30There’s no need to get worked up about this. Sand is always useful—for gardening, construction, spreading on surfaces, possibly for a sandbox, and so on. Just keep it and be glad to have it.
