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Incomplete Pond

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S

sour grapes

Guest
What is the name of your state? Arkansas

Two years ago my husband and I bought 15 acres. We hired a local man (he is a legitimate business with several employees) to push some trees down and level the ground where we were to build our home. We also had him dig a half acre pond. We paid him in full for the work, around $4,200. Well now we have a pond that looks HORRIBLE. It won't fill up. When it gets up to the levy the pond is only HALF full....so we have this huge ugly hole grown up in weeds. Last spring the pond after a week of rain went up on the levy and we thought we were going to lose the whole thing, so we called this man up and he came out and looked and he claimed the levy had settled! Well we told him we had put another two foot of dirt on that levy after he finished because we were worried the levy wasn't high enough, and we were right, but didn't realize it was going to be so bad. We need at least six more feet of dirt on that levy for the pond to fill completely and we argued that to him. He agreed and told us to call him and he could have it done in a day or two. Right before he got in his truck, he said oh yeah, I will give you a cut rate price on this job....only $800 per day!! So my question is can we sue him to fix the pond at no cost to us?
Thank you
 


HomeGuru

Senior Member
sour grapes said:
What is the name of your state? Arkansas

Two years ago my husband and I bought 15 acres. We hired a local man (he is a legitimate business with several employees) to push some trees down and level the ground where we were to build our home. We also had him dig a half acre pond. We paid him in full for the work, around $4,200. Well now we have a pond that looks HORRIBLE. It won't fill up. When it gets up to the levy the pond is only HALF full....so we have this huge ugly hole grown up in weeds. Last spring the pond after a week of rain went up on the levy and we thought we were going to lose the whole thing, so we called this man up and he came out and looked and he claimed the levy had settled! Well we told him we had put another two foot of dirt on that levy after he finished because we were worried the levy wasn't high enough, and we were right, but didn't realize it was going to be so bad. We need at least six more feet of dirt on that levy for the pond to fill completely and we argued that to him. He agreed and told us to call him and he could have it done in a day or two. Right before he got in his truck, he said oh yeah, I will give you a cut rate price on this job....only $800 per day!! So my question is can we sue him to fix the pond at no cost to us?
Thank you

**A: what did it say in your contract? Were there plans and specs?
 
S

sour grapes

Guest
POND SPECS

Incomplete Pond
Arkansas

RE: Specs

We did not sign anything with this man. He asked what we wanted and we told him a half acre pond. We now have a fourth acre pond. That is it. I guess we got the screws by not signing anything. I have been born and raised here and verbal agreements are what people do. I went to school with this man and know his whole family and never suspected he wouldn't do the job right. Guess I have learned an expensive lesson. Thanks for your help.:)
 

HomeGuru

Senior Member
Re: POND SPECS

sour grapes said:
Incomplete Pond
Arkansas

RE: Specs

We did not sign anything with this man. He asked what we wanted and we told him a half acre pond. We now have a fourth acre pond. That is it. I guess we got the screws by not signing anything. I have been born and raised here and verbal agreements are what people do. I went to school with this man and know his whole family and never suspected he wouldn't do the job right. Guess I have learned an expensive lesson. Thanks for your help.:)

**A: It is clear that you are at a terrible disadvantage because you have no written contract detaling the contract amount, scope of work, time period etc., no plans like a plot plan indicating location and size of pond, elevation details, specs etc.
 

HomeGuru

Senior Member
I AM ALWAYS LIABLE said:
". . . but, you got one heck of a "ceeeement pond", good size for making elixers.

- - Granny Clampett (of Beverly Hillbillies fame)

**A: Hey Granny, yer forgettin dat this here is Arkansaw and dey don't use cement, Dey jest dig a whole in da ground and fill it wid wata.

Jed
 
R

rdhd

Guest
Unfortunately, I have had to learn a great deal about ponds this past year. For what it is worth, I will share my lessons learned. The most important thing to remember is: "A hole in the ground does NOT a pond make". A one acre pond requires between four and five acres of watershed to sustain it. Close trees and underbruch will destroy a dam. Even a slight leak in the dam can mean major structural problems. AVERAGE water depth must be four feet or better to minimize weeds and permit fish to thrive...etc.,etc. Get in touch with your County Extension Agent before you spend another cent on repair. Most have both experience and available literature to help in building and maintaining a healthy pond. Otherwise you may eventually possess the largest bog in your neighborhood.

From a transplanted city girl.
 
S

sour grapes

Guest
Ponds

Thanks everyone for your advice, although I still don't know the answer to my question? I am assuming you meant I CAN'T sue since there isn't anything in writing. I thought there was some laws on verbal agreements. I just thought if we were to take pictures of this awful looking hole in the ground and showed the cancelled check to a judge then we might get mercy, since even in photos it is obvious it was not done right.
Oh yeah...he-haw on the cement pond jokes...funny & original all at once! I will also heed the advice on calling my local County Extension Agent!
 

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