Complaints

• Initial Complaint

  09/14/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I purchased land owned by ***** Seiler owner of Seiler Excavating. He was developing a rural subdivision that consists of 8 lots on Wilderness Ct of CR ** in Auburn, IN. A requirement for buying the lot was Seiler Excavating had to do the excavation work. There was a construction grade road in place and a pile of leftover asphalt in the cul-de-sac. I have a cul-de-sac lot. I paid him to dig a pond, excavate for our house, finish grade work, and also to tile and fill a ditch in the front of my property by the road. All that was done by 9/2018. ***** Seiler didnt want to finish the road until all the houses were built so construction equipment wouldnt ruin the road. He had the road paved and said he was going to do the finish work after the asphalt cured. When he had the road paved the pile of asphalt instead of being hauled off at ****** expense was spread over the cul-de-sac and then was top coated with the final layer of new asphalt. This raised the road between **** along my where my property and the road meet. Finally this past week 9/11/23 he did finish grading on the final house next door me. That property and the road are nice and level at the road with a smooth transition upwards towards the house. I contacted him about bringing dirt in to raise my property back up to the road that is now much higher than my property. His employee **** said I need 6 triaxle dump trucks loads of dirt. ***** said he will give me 2 loads and that Id have to pay $360 a load for the other 4 loads and he would grade all the dirt for that price as well. His own employee said I shouldnt have to pay for that dirt. That it should be part of putting the road in. I told ***** that I already paid him to fill the ditch in front of my property which have again since the land is so low compared to the road. Im requesting my property to be leveled out back to the height of the road with the 6 triaxle loads of dirt that was estimated by his employee that I need graded to my approval.

  Business response

  09/25/2023

  The complaint is to the seller and developer of the subdivision, ***** Seiler, not Seiler Excavating inc.    Their land sell contracts did require that Seiler Excavating would do the work so that he wouldn't have 8 different excavators doing the work and to be sure if a drain tile was hit that the seller would know they were repaired. That was agreed on with the sale. The seller also informed the homeowners that their would be a construction drive until all the houses were built. The seller bought asphalt regrind to make them a very good construction drive and bought extra that could be used to finish the base. The asphalt company hired did use the regrind to finish and level the base before they put down the asphalt. They were to take any extra. The seller didn't charge & had the dirt put along the edge of the asphalt, as required by the county, after the asphalt cured.    The excavating employee that was said to have told him it could use 6 loads & should be free, has told us he never said it should be free. Seiler Excavating employees do not have the authority to give quotes or work with costs etc..  The seller is the person the homeowner needs to take his complaint to, not Seiler Excavating, as the seller would decide what he is willing to do. It is possible that 6 loads may cause his property to shed his property water unto the neighbors properties. The other homeowners are very happy with the asphalt drive.  It was also mentioned about the great grading job done at the last house that was built. That homeowner requested that the grading would wait until closer to fall as he wanted additional work done and he is paying for all of the work.   The seller/developer is the person you need to work with on the additional topsoil and grading and he has been willing to work with you on your complaint.   This is not something that Seiler Excavating *** decides. 

  Business response

  10/04/2023

  Hi,   They arent dissatisfied with the excavating work. It was done great. If the lot had been made higher when the house was built there **uld have been a drainage problem. They were informed from the start that the top asphalt wouldnt be applied until all the houses were done.  They are unhappy that when the final top layer of asphalt was put on it made their lot a bit lower. The asphalt has made a wonderful roadway for them and the seller/developer **uld have left it a gravel road . The asphalt ** was not hired by seiler Excavating *** but by the seller/ developer of the lot, ***** Seiler, and they did a great job. . Every other homeowner is so happy but this one. He thinks his lot should be changed for free. ***** did offer 2 loads of topsoil & to regrade it for free.  But this homeowner thinks he should get more. No one else asked for anything.       When the lots were bought from ***** seiler, the sell included that they would hire & pay Seiler exc *** to do the excavating work. There are drains & ***** wanted to be sure they stayed intact or repaired. If we had many excavators in working we **uldnt be sure drains werent damaged.  They agreed to it & bought the lot.  Its really if *****, the seller/developer, feels he needs to pay for more topsoil & more grading when he offered a fair amount, no one else is asking for anything, plus they have a bonus of a lovely road.    I hope that answers it. Its **nfusing because ***** , as an individual owned the land & sold & developed it. Seiler exc *** was hired to do the excavating work.  ***** also owns seiler exc.***.  If it was another excavating **mpany Im sure they wouldnt expect them to give topsoil & grading for free.    ***** did offer 2 loads of topsoil & graded which would take care of any drop from the asphalt.     I hope this answers your question. Donna 

  Customer response

  10/04/2023

   I am rejecting this response because:
  The reason my neighbors are happy with the work is because they all have a ditch in front of their lots at the road. They also only have a 2-4 small lip from the new road surface to a ditch. Also a pickup truck load dirt would more than fill in or stone work that still needs to be done by the lot developer would do that as well. I paid Seiler excavating to fill the ditch so my lot was sloped to the road as picture. Also in the picture is a pile of material that was to be hauled off and disposed of by Seiler excavating. To save themselves money they did not haul this material off and instead spread it out all over the cul-de-sac where my property is located. That in turn built the road up almost 12 in front of my property giving me back a ditch that I already paid Seiler excavating to fill in. Six triaxle loads of dirt is what their own employee estimated I need to return my lot to the way it was prior to that huge pile of asphalt being spread out in the cul-de-sac. Seiler excavating saved themselves money by spreading out that pile instead of hauling it off like it was supposed to be and now in turn wants me to pay for 4 triaxles of dirt at $360 a load and hed give me the other 2 loads for free and grade it in for that cost. So they want another $1,440 dollars to refill in the new ditch created by themselves by not paying to haul the pile of asphalt off. I already paid Seiler excavating to have that ditch tiled and filled with dirt. It shouldnt cost me money to save themselves money. I did offer to pay for 2 loads of dirt with grading to my satisfaction for $720 since I do need a small amount of work by my driveway from when we paved it. That offer by me is more than fair.
  

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