silt fence repo ?

Discussion in 'Heavy Equipment & Pavement' started by Marek, Mar 25, 2014.

  1. southern79

    southern79 LawnSite Member
    Posts: 91

    If you pull the fence and the silt migrates with storm water, could you be liable/negligent?
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  2. turboawd

    turboawd LawnSite Member
    from midwest
    Posts: 235

    the guy never got paid for the job, so how can they prove he even did the job? let alone, be held responsible....
     
  3. whiffyspark

    whiffyspark LawnSite Fanatic
    Posts: 6,093

    Contracts
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  4. turboawd

    turboawd LawnSite Member
    from midwest
    Posts: 235

    a contract is not complete until paid.
     
  5. whiffyspark

    whiffyspark LawnSite Fanatic
    Posts: 6,093

    Yeah but its proof you did the work. Its as easy as the customer calling the cops for trespassing
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  6. turboawd

    turboawd LawnSite Member
    from midwest
    Posts: 235

    proof is getting paid. otherwise its just a signed contract to do the work, not that it was already done.
     
  7. AintNoFun

    AintNoFun LawnSite Bronze Member
    Posts: 1,807




    and then can make him perform the work other wise he would be in breach. so basically he would have to go install the fence all over again if given the notice to proceed only to not get paid again and file a claim/lien...

    when your a subcontractor you are basically always screwed, even when your 100% right doesn't mean your going to get paid. many unscrupulous gc's out there gamble on there subs not coming after them. its purely financial the average guy is not going to get a lawyer involved over few thousand dollars because just 4 or 5 hours of the lawyers time eats up most of that... even if you used an AIA contract gonna cost you $800 bucks or so just to file an arbitration case... you may be able to recoup those costs but that's not always 100%
     
  8. KrayzKajun

    KrayzKajun LawnSite Fanatic
    Posts: 10,742

    Get ya fence back yet??
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  9. AEL

    AEL LawnSite Bronze Member
    Posts: 1,725

    Sorry guys but it is a crazy thought to even try and remove the fence. You will be held responsible for any issues with the environmental agencies.
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  10. Junior M

    Junior M LawnSite Fanatic
    Posts: 13,541

    Wouldn't tearing the fence out result in more lost money? Because of having to pay labor.

    I'd let it go.. If you never get burnt on a job your doing good.
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