Builder under estimated skip size needed for an excavation

[thuynh7]

I'm in a dispute with my builder where I've paid up front for him to excavate earth from the back of my garden. In his quote he stated that all waste soil to be disposed of by hire of a skip.

So he orders an average sized skip when really he should have ordered a really big one like a 12 yarder, even though i verbally said to him it's too small. So he fills up the whole skip, but a 1/3 of the amount is still in the back of my garden. Now he is saying that it is my responsibility to clear the rest myself as he claims he's fulfilled his side of a job by saying he's provided a skip and filled it up.

So who's in the right and who's in the wrong? We're in a dispute over this.

 

[taz123]

I'm in a dispute with my builder where I've paid up front for him to excavate earth from the back of my garden. In his quote he stated that all waste soil to be disposed of by hire of a skip.

So he orders an average sized skip when really he should have ordered a really big one like a 12 yarder, even though i verbally said to him it's too small. So he fills up the whole skip, but a 1/3 of the amount is still in the back of my garden. Now he is saying that it is my responsibility to clear the rest myself as he claims he's fulfilled his side of a job by saying he's provided a skip and filled it up.

So who's in the right and who's in the wrong? We're in a dispute over this.

Was this put into writing? This is the only sure-fire way of making sure your communication was understood.

eg........supply of one skip(insert size)and fill

or

Excavate xxcubic mtrs and dispose of.

The devil is in the detail.

 

[thuynh7]

This was put into an email as part of the quote. The wording is roughly that all waste soil to be disposed of by hire of a skip. He didn't say what size skip, just a skip to take away all the excavated soil. But the skip was just inadequate.

 

[taz123]

This was put into an email as part of the quote. The wording is roughly that all waste soil to be disposed of by hire of a skip. He did say what size skip, just a skip to take away all the excavated soil. But the skip was just inadequate.

So:

Is there soil that has been excavated and left?
or
Is there soil that still needs excavating?

See where I am going with this?

 

[thuynh7]

There is soil left over that has been excavated in a heap, enough to fill a 4 yard skip.

 

[taz123]

There is soil left over that has been excavated in a heap, enough to fill a 4 yard skip.

He underestimated the skip required, tough shoite, he should pay for another skip and fill it.

 

[thuynh7]

Sorry there was a typo in my comment earlier, it was supposed to read " He didn't say what size skip, just a skip to take away all the excavated soil. But the skip was just inadequate."

So he didn't say what size skip he was providing just a skip to take the excavated soil away.

Is there any sort of law this violates? Is it the supply of goods and services act 1982?

 

[limerockconstruction]

I concur with Taz - its worth noting what he paid for an average skip he could have probably got a grab lorry to have removed the lot for less money! But nonetheless, he needs to remove the rest - i'd never expect customers to top up waste disposal costs.

 

[noseall]

The so called builder has cocked up.

We have had to suck this up many times when a grab has to come back for a small part load or spoil or rubbish just won't fit in the skip we have.

Ho hum, tough titty.

If he has priced to get rid of all spoil then so be it.

However, if his price was ridiculously low, like crazy low compared to any others, then alarm bells should have sounded and you may have to take a bit of heat for this.

Otherwise, the guy is just trying it on.

 

[thuynh7]

The excavation only formed part of a bigger job and was not an individual job on it's own.

 

[jonwish]

If the email states. 'take away the excavated soil' and there is still some excavated soil left then surely it is a given that it is his mistake.
Also if it is part of a bigger job then then do not let him carry on until this problem is rectified + definitely do not pay him any more money as this in itself may make him suck it up and pay for the skip so as not to loose the whole job.

 

[thuynh7]

Yes I thought as much, but his argument is that he's paid for a skip, as stated in his quote and he wasn't sure how much earth was going to be excavate. Even though he knew the area to be excavated as this was set out.

I had to get this sanity checked, just to make sure that I'm not being unreasonable by disputing it.

 

[joe-90]

It's not worth falling out over. Go 50-50 on the next skip.

 

[stef99]

I don't mean to sound stupid or funny here, but I think you need to keep it simple.

I have read the good advice from people here, but here's how I would do it.

Who ordered the skip?

1. - if it was you then what size skip did you order and why?

2. - if it was him, then he is responsible for the skip and its size. if its too small then he simply has to get another one.

 

[thuynh7]

It was him that hired and paid for it. Even when it arrived I said it was too small.