Legal Question in Real Estate Law in Minnesota

Fill that I didn't want

I'm having a house built by a contractor. The document I signed says that I pay for all necessary fill. Upon getting the plans approved from the county, they found that the foundation had to be above a certain level. They've had to truck in hundreds of loads of fill. The builder is expecting me to pay for this, even though he said if he would have had the architect out at the lot before starting, they may have known that this would be necessary. Am I responsible for this cost? Thank you!


Asked on 7/07/05, 12:55 pm

1 Answer from Attorneys
Steven Vatndal Law Office of Steven J. Vatndal

Re: Fill that I didn't want

Responsibility for the extra cost will be determined by the language in the contract. An attorney must review the contract and any supplementary documents and also review conversations that may have a bearing on this. If you have a separate contractual relationship with the architect, s/he may also have some responsibility. It is important to avoid doing anything to concede liability (such as signing an approval of a draw that includes the cost of the fill). If you want to discuss this further, I can be reached at 507-345-8290.

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Answered on 7/07/05, 2:11 pm


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