Building in DE. Are we responsible for all these site extras?!

[Gerania]

Originally Posted by rdlr

They may have seen you coming. That should have been disclosed in the contract of sale for the lot. Is there a reason why that's the only lot left for sale in the subdivision?

That's a good question.

[retiree2011]

Originally Posted by Gerania

That's a good question.

Delly always has good info - nothing like life experience. I bet she has seen it all in her years in Delaware.
Good luck to the OP.

[NailinUm08]

This was one of two lots left. I believe they became available because public sewer has just been installed last year. My guess is the lots never perked for septic. We waited to build instill sewer was ready for hookup. I have had several talks with builder and they are say they will work with us best they can. I hope that is true because we have been happy with everything else with the builder.

[nuts2uiam]

Originally Posted by NailinUm08

This was one of two lots left. I believe they became available because public sewer has just been installed last year. My guess is the lots never perked for septic. We waited to build instill sewer was ready for hookup. I have had several talks with builder and they are say they will work with us best they can. I hope that is true because we have been happy with everything else with the builder.

Maybe, it is worth a consultation with an attorney. The builder is going to try to save as much as he can - he is not your friend despite the fact that he may be nice to you - he is, first and foremost a businessman. I am not suggesting an ongoing legal battle, just a letter that will make the builder understand that you are not going to take this lying down.

In a case like this, I might assume they think you lack all business and legal savvy. Sometimes the money spent on a consult is all you need to get your point across, they don't want a legal battle either.

[Mr.Retired]

Originally Posted by NailinUm08

We are currently building in Sussex County. When the builder removed the trees from the lot in November it started to rain and rain and rain. To say the least our lot became flooded. We ended up having to wait until this past week until they decided to bring dirt in to move the water away from build site. My question is are we responsible for all $20,000.00 of the extra dirt. I am in by no means trying to get something for nothing. It is just little frustrating to hear out of the blue that you may have an over 20,000 bill for dirt and no estimated cost or paperwork for it. I feel some of this should have been anticipated as they clear the lot and should have know the old tree roots will need to be filled in. The other frustrating thing is that it is still current raining. I feel they could have done this 3 month ago which would have avoided us have to pay a late penalty to the bank for not being completed.

Now that we moved the water off our building site the road pretty much stays flooded. We have some neighbors who are not happy with this. I am not really sure what to do because 90% of the water is from the neighbors who do not have a swale at the end of there property. We are designing a swale and small retention pond on out lot, but I do not want to correct the entire problem. I feel DELDOT should have installed some sort of storm drain this year when they installed the sewer and repaved the road.

This entire project has been a headache from the start. I really just want to be fair with the builder and have a good relationship with my neighbors. Any advice will be appreciated

Dave~

Show your boss this......
$20,000 of extra dirt?
How much dirt?
How much are you paying per pound ?
Not for nothing. I had to fill in a pool. Soil on sale at
Home Depot 50 cents for a 40 lb bag of dirt.
1,000 40lb bags (40,000 lbs of dirt ) for $500 bucks.
Filled a pool almost 5 feet deep and approx. 20 feet long.
Yup .....all by myself..............had most bags of soil delivered.
Good Luck.

[InchingWest]

Originally Posted by NailinUm08

I do not believe the builder is responsible for the entire 20,000. However they did look at the lot prior to clearing. They were contracted to clear the lot and site prep. My biggest argument is them waiting so long to do this. it costed us another 4,000 in late fees. If this was needed and we had to pay it why didn't they do it 3 months so job could be complete on time.

Sounds like you decided to build a tower without first sitting down to consider the costs.

[skeddy]

It's all in the contract. Do other lots in the development have water runoff problems? Did you speak with adjoining neighbors about standing water they've seen previously on your lot. Have other home owners had to have soil trucked in during construction of their homes, I'd talk to them. Your beef may be with the those that sold you the lot, not the builder. Doubt the builder ordered $20K of fill dirt unless he believed it was necessary to build the home. How long have you owned the lot? Maybe talk to the builder about removing the dirt and build your home without it?

[jtees4]

Skeddy started off exactly as I was going to. "It's all in the contract." And if by chance it is not in the contract, then you will be responsible. The question then would be, how much is your liability? It has to be based on more than a number you are given. And I would say, it is 100% worth the cost of a lawyer consultation or two.....you're not talking about something small here....$20K is a lot, plus knowing a lawyer is involved may also help with further issues down the road. Good luck.

[NailinUm08]

Originally Posted by InchingWest

Sounds like you decided to build a tower without first sitting down to consider the costs.

Not sure what you mean? We planned for almost a year with the builder. They were out to the site several times. We hired a local builder for the purpose of having local knowledge on these things.