Legal Question in Business Law in New York

deep well companies

Is there any clausibility for well companies??? can they just come to your property, start drilling dor a well & if they get water or not, they are to be paid in full???

we had a proposal & a contract in which the well company stated they were shooting for 300 gallons/ hour and the owner stated our well should be betw 80' & 120'. We are now at 400' & only ahve 1 to 1.5 gallons of water per min.

In the contract, they gave us 2 prices--- one for approx $3600 for a deep well with a screen at approx. 100'. And a second price of approx $3200 for a deep well of approx 100' w.out a screen. We paid him $3000 for what he did do but do not feel he deserves the other $1000 for he did not provide us what they were shooting for.

In the contract, it also states the quality & quantity is not quarenteed.

Do well companies have the best of both worlds---can they just drill & expect full payment whether they get water or not????


Asked on 8/23/08, 4:49 pm

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: deep well companies

Unfortunately, I don't have your contract in front of me to look at the language, and I don't know all the facts surrounding its negotiation. The answer to your question is very, very dependent on ALL of the language of the contract you signed with the well digging company and on any special circumstances that went into the negotiation of that contract.

If you would like me to take a look at the contract to provide a more definitive answer, you are welcome to call my office to set up an appointment. I'm in Schenectady, about 20-25 minutes away from you. I offer a free half-hour consultation (and I'm fairly obnoxious about this timing; anything after the kitchen timer on my desk goes off is on the clock and billable to you).

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 8/23/08, 11:38 pm


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