ComplaintsforWharff Excavating, LLC

• Initial Complaint

  10/13/2022

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  On 8/31/2022 I entered into contract with Wharff excavating to complete a project at my home. This project includes excavating 2 existing ponds into one larger pond and eliminating 2 other ponds by filling them in and making the land usable for horse pasture. A tennis court on the property was excavated and removed to use as fill in the southern most pond. Mud/dirt that was excavated from the newly created larger pond was used to fill the two ponds that are being filled in. This material can not be covered until it is dry, which will take ***** months most likely. When dry, Both ponds then need to be covered with fill dirt to establish an acceptable elevation. The project is to be seeded and fertilized upon completion of excavation.Per my contract with Wharff Excavating, I paid 50% of the contract price, which was not to exceed $45,000, at the beginning of the project. On 9/1/2022 Wharff excavating began excavation of the tennis court and drainage ditches were cut in to drain all 4 existing ponds.On 9/12/2022, excavation began on the newly developed pond. Wharff excavating sub-contracted this work to ***********************. Material excavated out of the newly created pond were used to create a better slope on the east side of the pond, reinforce the **** on the south side of the pond and begin to fill the 2 southern ponds that need to be eliminated. By 9/16/2022, the crew reached a stopping point due to mud. When I spoke to **** on 9/16/2022 he said he did the best he could with the mud but he could come back in a year or so and dress it up and make it look much nicer. The 2 southern most ponds were at a point that they just need the ***** months to dry before excavation can be completed.On 9/19/2022 I received an invoice for the balance of $22,500, which was to be paid upon completion of the project. This project is not complete and I am not willing to pay in full until it is. After multiple discussions we have been unable to reach an agreement.

  

  Business response

  11/02/2022

      

      On September 1st, 2022, we started work at Mr. and Mrs. ****** residence. We removed the tennis court and used the materials to fill in their back porch. Upon completion, we also spread any remaining soil over the preexisting tennis court that was not contracted. We did so to help the customer. 

  I sub-contracted *********************** to excavate 2 northerly ponds to put in a larger pond. On September 16th, 2022, the work was completed. ****************** spoke with the homeowner ************** to ask if there was anything else he'd like done. Mr. ***** responded by telling **** that "everything looked great" so we loaded up our equipment and left. 

      On Sunday September 18th, 2022, I received a text at 11:21am from ******** Layer stating that "I came home early because I missed my family. This project is looking really good so far. I really love it". On Monday September 21st, 2022, we dropped off a driveway sealer and seed to spread for the patch that we tracked on. September 26th, 2022, 10:41am I reached out to Mrs. ***** regarding the reason we have not been paid yet. Her response on October 3rd, 2022, was that she sent a payment via certified mail. We have yet to receive payment. There were many attempts to contact Mrs. ***** through texts messages, phone calls and emails to answer any questions between the customer and me. 

  Thank you. 

   

  Wharff Excavating

  3800 *******************

  *******, ** 46052

  Phone: ************

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