Who supervised his work? Who and where is the GC in this? What does the contract state about payments and approving completed work? But can he do this? Absolutely he can file a mechanics lien and then you both would need to present your case in court but it could also make a big mess for you with the lender and payments to you.

Millworkman is right about the mechanics lien. That's why you need to document his mess up of the pad so there is no doubt that you needed to bring in someone else. Consult with a construction attorney. You are just getting started on your build. May as well have the consult earlier rather than later so you have a handle on how this process works. In my area, if a contractor files a fraudulent mechanics lien, there can be major repercussions for the contractor and criminal penalties. However, it also can be difficult to prove. Check out your area.

What you worried about ahead of time... If you have a licensed surveyor and engineer coming out, let them evaluate the grading, etc and if it was done wrong he can't come after you and he will have to return and fix it or you will go after him if he doesn't... If a licensed surveyor says it's done right, pay the man, simple as that.

Surveyor and/or civil engineer will determine if the pad is proper as well as compaction testing if needed. Hold payment until they certify. Your foundation contractor will also have an expert opinion. How much of your project is DIY?

We wanted to get the house dried in before coming in and doing anything ourselves. The contractor also dug 4 feet into the land removing the natural ground before bringing in dirt. The contract also says 2000 yards of dirt and we counted 20 trucks (at 10 yards each) which only makes it 200 yards.

Where is your GC in this? Or are you GC'ing yourselves?

My foundation contractor has already told this dirt guy thay he cannot build a foundation on top of it.

We are GCing ourselves.

Tandem truck can carry around 18 yards of fill, you would need 110+ truckloads of dirt, that seems way over the top. In your case, he would need 200 truck-loads of dirt, if he has a single axle dump... It makes no sense.

Wait until the surveyor comes and see what happens.

Good luck

2000 yards of what? cut? fill? net? A 4 foot dig 100x100 is 1500 yards of cut plus you had fill.

I just paid about $25K for a 900 yard cut/export and pad without fill costs. Did you get bids that compare to this contractor? Bids for excavating may be fixed price or time and material or usually a blend. Hitting the pad heights and dimensions are more important than the actual yardage.

Your foundation contractor rejected, doesn't sound good. Is the excavator licensed?

Also, this should be added to the DIY section.

Ok, let me get this straight......he's saying that when he left the pad was 100% according to plans and ready to build on but then you all came in after he left and sabatouged your own project by raising up one side 15", changing the size of the pad and UNCOMPACTED one side. Am I understanding this correctly?

architectrunnerguy.. yup basically.

You have zero to 1% leverage over any contractor when you self GC. You’re a one off project that they’ll never do work for again. Since you did manage to get what sounds like one good contractor, why didn’t your foundation contractor provide the dirt work? Even as a subcontractor?

You don’t need a transit to verify something that off. A simple water level can verify basics here. The connections, knowledge, skills, and supervision that a GC brings to the job costs you a lot in time and mistakes to be able to replicate. You should be deeply questioning your decision to self GC.

Well, next you'll be out there in the dead of night knocking down walls and cutting truss supports. Hell, let's just move wiring around and hope the house burns down. That'll show these subcontractors!!!

Seriously, this guy sounds crazy. "Yeah your Honor, these people took a perfectly good pad and purposely messed it up".

I think an actual general contractor would have paid him and sent him on his way never to be used again. There are a lot of people looking for work out there that have integrity.

You have zero to 1% leverage over any contractor when you self GC

I think 65% payment remaining due provides pretty significant leverage. :-)

I'd love to be a fly on the wall in small claims court when the guy explains to the judge that you came out in the dead of night and moved all his dirt.

^^^ 'cause if you even COULD do that - you wouldn't have needed him in the first place!!!!

As to his ability to file a mechanic's lien, check your state law carefully. Most state have very specific, mandatory rules about steps the contractor must take in ADVANCE of the work to be able to file a valid lien. And often, filing of invalid liens will entitle the homeowner to get her attorney fees - if needed - paid. Don't let him scare you with empty threats or worthless filings - check your state laws.

Get your legal advice from a local attorney. Lien laws can be different if you have a direct relationship with the contractor (you do) so often notice may not be required and they have more time to file.