Lawn installation vs water drainage issue

[kimyingde]

What is the name of your state (only U.S. law)? MI

What is the name of your state (only U.S. law)? MI

I have recently had lawn installed in my backyard by a contractor company. Before the installation was completed, an issue appeared by the HOA. Here is a brief description of the issue:

There was a shallow ditch from north to south crossing two lots, my neighbor's lot (north to my lot) and my lot, which drain rain water. The installed lawn raised ground level of my backyard and this negatively affects the water drainage, as the ditch was leveled with other ground surfaces in my backyard. The ditch is temporary due to the construction on the subdivision and once the neighbor also install lawn on his lot, the ditch will completely disappear (the issue will also disappear). The HOA raised this issue to the contractor (and contacted the city) and the contractor promised to take some measures to maintain the water drainage. However after completion of the installation, the contractor is now trying to get the rest of money but does not honor his words. The HOA suggested me to hold the last payment until the contractor fix the issue. Obviously there is no explicit content in the contract about the water drainage.

My question is if it is legal for me to hold the last payment until the contractor fix the issue?

Thanks a lot in advance.

 

[Dave1952]

Did you know that your yard had a drainage ditch? When the contractor was informed of the ditch did you guys sit down and negotiate a new contract to cover the extra work? Are you expecting the contractor to eat the cost of this mistake?
All I see in your post is that you want to compel the contractor to correct a problem that was not his fault by withholding the money that he has earned. It sounds as if he has fulfilled the contract and should be paid. You then need to hire a contractor to make the HOA happy by re-installing the temporary ditch and then removing the ditch when the HOA tells you it is not needed.
Sorry but I do not believe that the contractor is at fault, I think you are.

 

[OHRoadwarrior]

If your contract did not make provision for it, you should not have had the area where the ditch is covered, until the construction was done.

 

[justalayman]

The ditch is temporary due to the construction on the subdivision and once the neighbor also install lawn on his lot, the ditch will completely disappear

are you certain it is temporary? You might want to check your deed and associated documents to make certain there is not drainage easement there.





as to the contractor issue: did he do what you hired him to do? If so, pay him. He was not obligated to do additional work for free if your directives were the cause of the added work.

 

[kimyingde]

Thank you for all responses! The ditch is not man-made but formed by rains.

The ditch is not man-made but formed by rains, very shallow one. After the next door owner install the sods on his lot, the ditch will disappear, as he will level his lot to install sods.

 

[justalayman]

Ok, it's easy then.

you cannot change the lay of the land in such a manner that it damages another. If there is no damage to any other, tell the HOA to take a hike. If there is, do what it takes to correct the issue. If your contract with the landscaper was to smooth or level that area and that is what he did, then you will likely have to pay somebody to put the ditch back. If he was not instructed to level or smooth that area and he did, call the guy that did it and tell him that was not authorized work and he needs to remedy the issue.