wording for proposal for sinkhole

Discussion in 'Landscape Architecture and Design' started by gslam88, Apr 9, 2003.

  1. gslam88

    gslam88 LawnSite Member
    Messages: 146


    I have a questions... having problem with the wording for a proposal to fill in a couple of ok size sink holes... one is 3 or 4 feet wide by 4 or 4 1/2 deep..
    one is a depression about 30 feet by 12 feet wide.. even causing a tree to tilt heavily...

    Trying to word the proposal so that should it cave or sink more that I did a little cya...

    drawing a blank...

    this is what I have now

    Also no guarantee shall be made in respect to sink holes, as the cause and nature of location has not been determined. As to this fact, if additional ???????


  2. little green guy

    little green guy LawnSite Senior Member
    Messages: 955

    Don't bother filling in a sink hole. Do it right, , most likey the sinkhole is caused but buried stumps that have rotted and sunk, it can be anything, you never know ( could also be rotted tanks) but stumps are most likely, especially if it's not real close to the house. It will need to be dug up completly and all of the rotted of material must be taken out an replaced with good fill dirt.

    We did one last year that was in a paved driveway. We had to dig out over 100 yards of dirt/ rotted stumps and then we filled the hole (12'w x 10'd x 30'l) with 125 tons of QP compacted at 1' lifts with a 6 ton bomag vib roller that we rented. Believe me, that driveway was solid :D When we started digging we found out that someone else had previosly tried to solve the problem by putting about 8 tons of stone in the hole, that probly last a few years put the customer wasted thier money. Get them to do it right once or else it will be a persiting problem and thier sink hole will turn into an endless money pit.
  3. gslam88

    gslam88 LawnSite Member
    Messages: 146


    The home owner has lived there for 30 years or so... no stumps, oil tanks, etc... I think more in the way of spring dried up.. I had one in my front yard myself about 5 or 6 years ago... no stumps or anything else.. filled it in and not a depression yet....

    but back to the question... any cya wording from anyone??
    26 views and no ideas guys??

  4. LawnLad

    LawnLad LawnSite Senior Member
    Messages: 738

    I'm no lawyer... so try adding onto something along these lines. Please read my disclaimer down below in the small print....

    "No warranty is expressed or implied as a part of this agreement. The filling of existing sink holes to surrounding grade for the purpose of leveling off the lawn is a one time job. Future sinking or shifting of soil is not covered by a warranty. Future work will be covered under a separate contract.

    Contractor has not been made aware of any materials or conditions that have caused or might have caused the existing depressions or "sink holes" in the landscape. It is not the responsibility or job assignment of the contractor in this contract to determine any condition(s) that has contributed to or might contribute to future grade shifting."

    You might also consider including the following phrase - good for all contracts.

    "Limitation of Action: No action, regardless of form, arising out of this Agreement shall be brought by either party more than one year after the expiration of the contract or completion of the original job."

    The author of this post excepts no liability for the content of this post. The author is not an attorney, does not purport to be an attorney or suggest that legal advice contained herein will work in any capacity. In fact, the author of this posts suggests that no one read the advice listed above and act upon it because it's all made up and has no legal value what so ever. The author is not a member of the trials lawyer association or lobby, but suggests that anyone who would even consider using a portion of the preceeding legaleese should consult an attorney. For good measure consider consulting a palm reader and a clinical psychologist and maybe even your grandmother to cover all bases.

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