I am working on a deal to have a pond dug on my property. It will be approximately 1 acre near the middle of my 11 acres. I have talked to a local dirt contractor who is the second generation in the family business. My Dad actually had his Dad do the dirt work for 2 of their houses. We have met, and discussed the basics of access, and how much dirt I want to keep and where I need it. He will get all the free dirt he can haul in exchange. My question is, in todays litigious society, what kind of agreement do I need for this work? Do I even need an agreement? Like I said, he and his family have been doing this in our area for a very long time and they have a good reputation? So, what does the TBN community think?
Soon to be pond Questions
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Ford tractor
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You need to be sure he has the ability to cover his liabilities should he hit a buried utility or do other harm. A contract with the total project cost and what work he will do would be pretty smart. (At least that's what the judge shows on TV say)
Kyle241
Platinum Member
Unfortunately with today's society where litigation is the first option instead of negotiation, you may want to get something down in writing. Where we live, a lot of contractors still do everything by their word and overall I have not been let down however I also use the same contractors over and over (past three houses). It is quite shocking the difference as when I had an extension done on my second home in Maine, I got a detailed contract. Up here in the country, I have yet to be offered one. One has to remember, a contract is to protect both sides if it is correctly worded.
TripleR
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I was going to bring that very thing up. We have five ponds on one farm and three on another. They range in size from about about 150x250 foot to eight acres. If you don't have a big enough catchment area, you will need a very big well to keep it full. Ours are used for recreation and erosion control and one will occasionally go dry and another gets very low. If you don't plan properly you won't wind up with much more than mud and mosquitoes or just a hole in the ground.
Cat_Driver
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Agreement - heck it gets to the point that I can't even pay a restaurant bill without having my attorney look at it.
Get EVERYTHING in writing. I can't tell you how many times putting "little discussions" or " agreements" have saved me.
I had a guy put in a pool " on the side" I still made him sign a contract that I drew up with everything we talked about and everything I expected. Sure enough near the end of the project he knocked on the door and wanted 30% more. Naturally he forgot about everything he said and didn't say and naturally I was in the wrong. He forgot he even signed the contract. I pulled it out showed him the bullet points he turned on his heals and walked away. Man did I save a lot of hassle and money with that one.
It's prior to signing that both parties hash things out and it's at that part that both parties can either agree or walk away with no damage to either party.
I placed a clean up clause on one contractor I had do some work for me. Well it was months later that I found out that be buried the trash on my property rather than clean it up and dispose of it. I called him up and made him honor the contract or I said I would have it removed and bill him. He was there the nest day cleaning it up.
Get EVERYTHING in writing. I can't tell you how many times putting "little discussions" or " agreements" have saved me.
I had a guy put in a pool " on the side" I still made him sign a contract that I drew up with everything we talked about and everything I expected. Sure enough near the end of the project he knocked on the door and wanted 30% more. Naturally he forgot about everything he said and didn't say and naturally I was in the wrong. He forgot he even signed the contract. I pulled it out showed him the bullet points he turned on his heals and walked away. Man did I save a lot of hassle and money with that one.
It's prior to signing that both parties hash things out and it's at that part that both parties can either agree or walk away with no damage to either party.
I placed a clean up clause on one contractor I had do some work for me. Well it was months later that I found out that be buried the trash on my property rather than clean it up and dispose of it. I called him up and made him honor the contract or I said I would have it removed and bill him. He was there the nest day cleaning it up.
ctgoldwing
Platinum Member
I have exactly the same problem - only worse.
My former neighbor decided to dig a pond, pretty much on the poperty line. It ended up looking the same as your neighbor's - a big bomb crater. Unfortunately it was right across a 'dry water course'. Dry water courses are not protected by the wetlands laws here.
When we get heavy rains now the crater fills then spills a ton of water down the water course. It has made a small depressed travel area into what I fondly refer to as the 'Grand Canyon' between our properties.
He has long since moved but the 'Canyon' is now 10' deep in areas and 20' wide. I have started dropping large stones in there to ****** its growth but I think the only solution now is to pipe it with 20" or so pipe & bury the whole thing.
Don87
Elite Member
You didn't say where you are from, so be sure to check your 'state and local laws' before proceding.
Here in Pa. I can do what I want, 4 miles away in Md. you must have a permit, and they have specific guidelines you must abide by when building a pond.
I am also in PA and a fellow I work with just had a pond dug. He had to keep it under 100' in diameter or the permits and studies required would have been prohibitively expensive.:shocked:
