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How do I fight this? Selling Free Dirt, No Delivery Tickets

TexasConstruction ContractPayment Disputes

I had a customer call me for Dirt. Going rate in the area is $100-$130 per Dump Truck Load. I sell it for $50 because I usually get Dirt free or I have to pay $20-$35 for it. Customer says he needs 100 Truckloads, I send Invoice for $5000 with 20% down payment. He pays it, and signs contract. 2 weeks later when we have Dirt available to deliver, we tell him the night before.. Dirts coming tomorrow! He says cool thanks. Next day we deliver about 40 Dump Truck loads ($2000 worth) but Customer says it was from another supplier he called. Which just so happens to be from the same spot we were getting Dirt from. He is saying his uncle who is a homebuilder called these guys because they were cheaper. But said we could continue delivering and put in another pile.. I told customer no.. I sent you this Dirt. I had no way to verify because we did not use delivery tickets at all. We usually never do we just count truckloads delivered. I think what happened was I sent this guy Dirt.. Drivers showed up and he asked Hey... What is Jerry (me) paying you? Ill Give you more and we will cut Jerry out of the Deal... Long Story short this customer says the Dirt I delivered came from his source. And he cancelled the credit card payment on me. I lost out on $1200.

3 replies

Mar 22, 2021
If the dirt is for a construction project, you should consider filing a mechanic's lien against the project. You should consider preparing a letter to mail by certified mail, return receipt requested, to the owner to set out the facts and to demand the relief that you want. Attach your accounting for the deliveries and the amount the owner owes. Take photos of your dirt (still on hand) and the dirt that was delivered. Take samples of both in case you need to analyze the dirt in the future. Make sure that your letter is professional and business like as it may be evidence later. Consider filing suit in small claims court using your letter as evidence. Good luck.
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Mar 24, 2021

Man I really, really appreciate you responding back to this Mr. Erikson.

We sent a Pre-Lien Notice to customer and land owner 3-22-21. He immediately responded 3-23-21 and now we are going through arbitration through Levelset. Ive submitted Pictures, and Videos of Dirt Delivered on the Property. I also attached the signed invoice, and the email showing he cancelled payment on me.

Hopefully we win this case. Ive done honest work like this before and had evidence... But Credit card company still ruled against me after customer fought it twice. (Last Year, another customer)

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Mar 24, 2021
Your customer's credit card company is not a judge or jury as to whether you are owed money. Collect and compile your expenses for the securing and delivery of the dirt (checks or payments to drivers, etc.) to show that you have invested in the project. Good luck.
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