Tell us As a result of the size of the pool, state, federal, county and municipal regulations had to be followed The contract included a clause that required the owner to bear the cost of fulfilling the governmental requirements In an effort to carry out the home owner’s wishes, and with his knowledge and approval, MrD hired an engineer (**) Home owner instructed the [redacted] to plot the entire property for regrading beyond the pool area Home owner requested a massive patio surrounding a large pool The [redacted] was required to plan any solutions to any grading and water issues that were caused by the change in the topography of the property The governing authorities required changes to the original plan based on the homeowner’s request for a large pool and patio which significantly affected the topography and water drainage because such changes would adversely affect the surrounding neighbors The [redacted] performed the following services: 1) surveyed the land, 2) drafted a site plan indicating the various water and soil (grading) requirement regarding the installation of the pool selected and its large surrounding patio, 3) reviewed the applicable zoning rules, regulations and codes to abide by those requirements when drafting the technical drawing for submission to [redacted] Township, 4) participated in numerous emails and phone conversations with MrD regarding the preparation of the proposed technical plan The point is both he and MrD have performed a great deal of work and expended a great deal of time in moving toward satisfying any federal, state, county and municipal requirements as determined by any applicable, federal, state and municipal law, ordinances or regulations To meet the requirements of the above mentioned authorities, the following things were required: 1) Soil import $25,2) Hydro seed $ 3,3) Drain retention trench $14,4) Well point $ 3,5) Yard drains $ 2,6) Tree stumps $ 2,7) Electrical service panel $ 1, In addition to these mandatory requirements and expenses, there are additional expenses with respect to permits from the [redacted] Soil Conservation District and the various code sections of the [redacted] Building Department MrD acknowledges that you provided a $5,advance in connection with the anticipated pool installation As you know, such a job as yours cannot be performed without the fulfillment of the appropriate federal, state, county and municipal regulations and or codes MrD incurred expenses that exceeded the disputed deposit He paid the engineer $1,000, paid his employee $1,for assisting in the taking of core samples, pursing permits and multiple trips (approximately trips to [redacted] ), and expended approximately hours and traveled miles In addition, attached to this letter is the **’s invoice that indicated a balance of $1,is due the **, Mr [redacted] That amount will be paid out of the remaining $3,leaving a balance of $1, MrD’ time has value, and in this case the value of the time and effort he has expended in connection with the contract exceeds the $1,balance Finally, in an effort to save the contact, MrD reminded the homeowner that he would be willing to perform the contract as long as homeowner fulfilled the portion of the contract that required the homeowner to pay the additional expenses in relation to the State, County, Federal and Municipal laws The homeowner was unwilling to pay the additional $52, The pool contract was approximately $81, Any additional expenses that were required by the State, County, Federal and Municipal laws were the responsibility of the homeowner In the contract, the homeowner did not want to pay for the $52,to comply with the governmental requirements but wanted the contractor to pay for the changes that the governmental authorities required MrD refused why here
Tell us As a result of the size of the pool, state, federal, county and municipal regulations had to be followed The contract included a clause that required the owner to bear the cost of fulfilling the governmental requirements In an effort to carry out the home owner’s wishes, and with his knowledge and approval, MrD hired an engineer (**) Home owner instructed the [redacted] to plot the entire property for regrading beyond the pool area Home owner requested a massive patio surrounding a large pool The [redacted] was required to plan any solutions to any grading and water issues that were caused by the change in the topography of the property The governing authorities required changes to the original plan based on the homeowner’s request for a large pool and patio which significantly affected the topography and water drainage because such changes would adversely affect the surrounding neighbors The [redacted] performed the following services: 1) surveyed the land, 2) drafted a site plan indicating the various water and soil (grading) requirement regarding the installation of the pool selected and its large surrounding patio, 3) reviewed the applicable zoning rules, regulations and codes to abide by those requirements when drafting the technical drawing for submission to [redacted] Township, 4) participated in numerous emails and phone conversations with MrD regarding the preparation of the proposed technical plan The point is both he and MrD have performed a great deal of work and expended a great deal of time in moving toward satisfying any federal, state, county and municipal requirements as determined by any applicable, federal, state and municipal law, ordinances or regulations To meet the requirements of the above mentioned authorities, the following things were required: 1) Soil import $25,2) Hydro seed $ 3,3) Drain retention trench $14,4) Well point $ 3,5) Yard drains $ 2,6) Tree stumps $ 2,7) Electrical service panel $ 1, In addition to these mandatory requirements and expenses, there are additional expenses with respect to permits from the [redacted] Soil Conservation District and the various code sections of the [redacted] Building Department MrD acknowledges that you provided a $5,advance in connection with the anticipated pool installation As you know, such a job as yours cannot be performed without the fulfillment of the appropriate federal, state, county and municipal regulations and or codes MrD incurred expenses that exceeded the disputed deposit He paid the engineer $1,000, paid his employee $1,for assisting in the taking of core samples, pursing permits and multiple trips (approximately trips to [redacted] ), and expended approximately hours and traveled miles In addition, attached to this letter is the **’s invoice that indicated a balance of $1,is due the **, Mr [redacted] That amount will be paid out of the remaining $3,leaving a balance of $1, MrD’ time has value, and in this case the value of the time and effort he has expended in connection with the contract exceeds the $1,balance Finally, in an effort to save the contact, MrD reminded the homeowner that he would be willing to perform the contract as long as homeowner fulfilled the portion of the contract that required the homeowner to pay the additional expenses in relation to the State, County, Federal and Municipal laws The homeowner was unwilling to pay the additional $52, The pool contract was approximately $81, Any additional expenses that were required by the State, County, Federal and Municipal laws were the responsibility of the homeowner In the contract, the homeowner did not want to pay for the $52,to comply with the governmental requirements but wanted the contractor to pay for the changes that the governmental authorities required MrD refused why here