Builder on The Next Block Put Soil on My Vacant Land, What to Do?

chkz84 on 20/12/2018 - 14:17

Hi,

I have a block of land in Point Cook, VIC. I am going to start building in a few months. The block next to us has just started the build.

I went there a couple of days ago and found that the builder has put their soil on my black and levelled it with a bobcat or some other machinery. It would be about 6 inches or so high on my land. The builder has done the same to the block on the other side. I rang the supervisor whose name and a number was on the noticeboard. He said if the soil is levelled I don't see any issue. I said if you don't need something it does not mean I need it and I don't want anything on my block. The builder is Porter Davis. I was not expecting big builders like them would do these shifty things to others.

Has someone had a similar experience? What should I do?

Thank you in advance!

Home & Garden

Comments

  • vinni9284 on 20/12/2018 - 14:26
    +6

    1 - Take a photo and inform your builder via email and send the pic. Ask them can they sort it out.
    2 - If your builder doesn't want to do anything, then email Porter Davis of the issue, naming the lot#, Job# etc
    3 - If that fails then contact the council.
    It is common that other parties like to "use" your land as a temporary storage facility, others use it for a dumping ground… etc
    Ensure that you take photos and email.
    There is a trail of evidence of your concern.
    I'm sure it will be settled easily by your builder.
    Good luck.
    Cheers

  • o53djz7qTPY4der on 20/12/2018 - 14:30
    +4

    Dig it up. Dump in next door. Level it. Wait for them to complain. Give them the same response!

  • Diji1 on 20/12/2018 - 14:39
    -3

    I believe the police might be interested if it's dumping on private property. Use the non-emergency number obviously.

    • [Deactivated] on 20/12/2018 - 16:04
      +1

      They wont

      • Euphemistic on 20/12/2018 - 22:33

        EPA might be though, or local council. Illegal dumping isn’t popular.

        • [Deactivated] on 20/12/2018 - 23:18

          local council, EPA wont unless it is an environmental hazard

  • garetz on 20/12/2018 - 14:47
    +12

    Builders do anything to save a buck, you think thats shifty, you obviously got no clue what builders are capable of.

    • WreckTangle on 20/12/2018 - 16:54

      This. Just wait til you start building…,

      • Bushbasha on 22/12/2018 - 09:35
        +1

        You right, it probably isn't fresh soil from next door, they've probably dug a hole dumped their building waste in there and levelled it back out

  • Ugly on 20/12/2018 - 15:03
    +1

    Tell him if it's not removed you will report it as illegal dumping EPA

  • qwerty on 20/12/2018 - 15:22

    You dont know if there isnt anything mixed with the soil

    I would threaten him with epa and then put up temporary fencing

  • 87percent on 20/12/2018 - 15:33

    How can you prove that it was the neighbour though? A photo of dirt isn't very incriminating

  • chumlee on 20/12/2018 - 15:37

    Do you own the block or is settlement to take place once the house is built?

  • JimB on 20/12/2018 - 15:45
    +2

    Call up Porter Davis.

  • boomramada on 20/12/2018 - 16:14
    -1

    if X did something to me, what should I do? talk to X?

    • chkz84 on 20/12/2018 - 17:22
      +2

      I did, as mentioned in the original post.

  • Seraphin7 on 20/12/2018 - 16:32
    -1

    Lawyer up, give them seven days to sort it out or they can expect an invoice for the cost of removal.

  • chkz84 on 20/12/2018 - 17:22
    +1

    Here is an update: I rang them up and they have promised to remove it after 7th Jan as they are closing today until then.
    Thank you all for your feedback.

    • [Deactivated] on 20/12/2018 - 18:37
      -1

      Have them put that in writing.

      • chkz84 on 20/12/2018 - 18:40

        They said that their office is closing today. I have taken photos and sent them via email.

        • [Deactivated] on 20/12/2018 - 18:47

          If you don't have it from them in writing, you haven't achieved anything.

          If they can answer a phone call, they can type up these words. Always include a penalty otherwise the dateline and goal posts moves.

          "I, insert builder's name, admit to disposing of construction waste on your address. An agreement has been reached in good faith that all waste is to be removed by insert date to the satisfaction of insert your name.

          If this agreement is breached, insert builder's name agrees to a penalty of insert sum per day. After insert number of days, the owner of insert address may contract an independant company to remove the waste and the bill to be paid by insert builder's name.

          And look, I just written it up on a mobile phone. Don't be a chump like my younger self.

          • whooah1979 on 20/12/2018 - 18:58
            +2

            @[Deactivated]: No tradie in their good mind is going to sign a contract.

            • [Deactivated] on 20/12/2018 - 19:14
              +1

              @whooah1979: I know so I've also prepared a next step.

              If they refuse to admit fault and/or sign a contract, inform them your next move is to make a report to both the EPA and the Master Builder's Association, and that you will also be checking their operation is fully compliant since there is evidence of shortcuts.

              They are at the start of their build and you're not living there. You can be a bigger pain to them than they can be to you.

              Ps. I sound like a pain but that's because I still have construction waste in one of my properties 24 months after completion.

              • [Deactivated] on 21/12/2018 - 08:53

                @[Deactivated]: So penalties generally aren't enforceable in court, but real costs due to damage to property are. Give them a chance to fix it, if they don't, pay to get it removed and send them the invoice, and if they don't pay it then you pursue them through the legal system.

                • [Deactivated] on 21/12/2018 - 08:55

                  @[Deactivated]: I know that's why there has to be an ultimatum.

                  Without a sunset clause, shit doesn't get done.

    • try2bhelpful on 20/12/2018 - 22:41
      +1

      Send them a follow email stating what was agreed to in the phone call.

      • djkelly69 on 20/12/2018 - 23:13
        +2

        Yeah I think this is a good idea.

        Thanks for your time to discuss xx today, and note the agreement that the soil which has been dumped on my lot will be removed at your sole expense by 7 Jan.

        Please be advised that if the soil is not removed by 7 Jan, it will be reported to the relevant authorities.

        Etc

        • [Deactivated] on 20/12/2018 - 23:26
          -1

          You can report to authorities now. What's the difference between now and 7 Jan?

          I understand they are only back at work but it is what the builder is thinking. You're not reporting now, I'll take my chances again next time.

          The problem with people of this behaviour is that they don't take others seriously or have any regard for anyone else. If you set an arbitrary date, they'll keep pushing it back until the job is done and they're gone.

          • djkelly69 on 21/12/2018 - 06:16

            @[Deactivated]:

            What's the difference between now and 7 Jan?

            Well it seems like the OP agreed for them to sort it out by then, so I would give them the chance to do so.

            I agree there is a strong possibilty the builder will do nothing, but at least if you wait until 7 Jan there is a chance it is sorted out with the least amount hassle for the OP.

            If you report now, there is basically no chance the builder fixes it and it will be a pain in the ass to sort out.

  • tranter on 20/12/2018 - 22:59
    +1

    There can be advantage having your land built up higher.

    • [Deactivated] on 20/12/2018 - 23:30
      +2

      It's going to be this mound of dirt you can't build on.

      OP will either have to pay for it to be levelled out or it will add to the cost of excavation if the dirt has to be removed.

      Also, if the builder is sneakily dumping dirt, I bet there's more than dirt in there.

    • Ozpit on 21/12/2018 - 09:26
      +1

      Higher land means better views.

      • tranter on 21/12/2018 - 09:36
        +1

        Its impossible to know if it's an advantage or disadvantage and any associated costs of having the soil put there without knowing the particulars of the block of land and type of house to be built.

      • Mattmattmatt on 21/12/2018 - 10:55

        Better than the views from the Oz-pit?

  • Deridas on 21/12/2018 - 14:12
    +1

    OP, please continue to update us after Jan 7th, Most of us would be keen to know how it all progresses.

    Good luck.

  • TheSmegger on 22/12/2018 - 21:10
    +1

    Whatever you do, do not get on the wrong side of the builder. You can certainly get your way but be nice, cordial, even friendly. Do not piss them off.
    No I'm not going into details, ain't nobody got time fo' dat.

  • chkz84 on 22/12/2018 - 23:24

    Thank you all. I will keep you posted on this.
    I am being nice to them. If they don't listen I will take other steps. So far they apologized and promised to fix it. I have direct contact for the supervisor.
    Thanks again :)

    • woody007 on 23/12/2018 - 08:49
      +1

      Make sure you get everything in writing and photograph all. Cover your ass!

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