Complaint Review: Antonio Valencia & Valencia's Grading Services

On Saturday May 10, 2003 I contracted Tony Valencia from Valencia's Grading Service to deliver 200 Loads (18yd trucks) of house pad fill to my lot in Loxahatchee, to build my house pad.

I requested 150 of type #1 to build the house pad (see formula below) and 50 of type #3 to raise surrounding area. I paid an extra $750 to get the job done in 1 week ($5 per truck load extra on the type #1 fill). Tony told me he would have 3 trucks delivering 20 per day each.

1st week he delivered 40 loads of type #1
2nd week he claimed he had delivered another 60 loads (actual approx 40 of type #1)
3rd week claimed rain delay (approx 6 loads of type #1)
4th week claimed ramp delay gave him ultimatum deliver the rest of dirt or refund money (approx 15 loads of type #1 off of the house pad)
5th week extended the ultimatum 1 week (approx 15 loads of type #3)
6th week fired him (approx 5 loads of type #3)

Tony claimed he delivered 184 truck loads of fill on my lot 164 loads of type #1 fill and 20 loads of type #3. I explained to him, that he had made a mistake, my house pad was still not at elevation. And his calculations were wrong. At first I thought I was short 20 loads of type #1 fill, but ended up needing 60 loads to bring the house to proper elevation

His whole claim was that there were loads of dirt spread out all over my property, (example being not all 15 loads he dumped off the house pad was moved on top, and the rain washed some dirt off the house pad.) So at that time I was under the assumtion I was short 20 truck loads of fill, and he claimed I had about 10 loads in the front and 10 loads in the back area of the lot.

I had my surveyor give me updated elevations reading.

Based on the new elevation readings his claim is not justified.

My house pad area was scraped 6 100x100 so an area of 100 x 25 outside all 4 sides of the house pad was raised by my own dirt. The 20 loads of type 3 fill makes up for approx 10 yds of lost fill in the back and 10 yds of fill lost in the front area.

I had to buy 60 truckloads of type #1 just to complete my house pad, he still and he shorted me 30 loads of type #3 fill.

I reported him to BBB and Consumer Affairs, he did not respond to either complaint, Their recomendation is to go to small claims court, which sucks, my calculations came up him owing me approx $7,000, and I can only sue him for $5,000.

After I take him to court, I'll report him to the Division of Child Labor Law. He had his son operating a bobcat on my property to move the fill he dumped off my house pad, his son was under 14 years old.

Stefano
tamarac, Florida
U.S.A.