What to do if a well digging company abandons digging afterhaving already performed some of the work?

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What to do if a well digging company abandons digging afterhaving already performed some of the work?

I put a deposit down for a well drilling company to dig me a well. They drilled 157 feet already but they havn’t gotten any water. My contract was for  80 feet x4 feet; every additional foot would cost me $16. Seeing how the company has unsuccessfully drilled down so far already, they want to abandon. They feel that they don’t want to dig too deep and it would be too expensive. However,  but they want me to pay them $1500 for the worked done so far. What should I do now?

Asked on April 14, 2011 under Business Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Do you have a contract?  You sound as if you do given the statement as to the additional cost per foot.  You need to read the contract.  The company can not abandon you unless you have agreed that at some point the work is to stop.  The contract should speak to the issue.  Also, did they by any chance come out and survey the land for a well?  By that I mean who estimated the probability of water at 80 feet?  Did you rely on someone's expertise in computing that number?  Someone needs to take a look at this very closely for you. Read the contract and explain your rights and obligations.  Get help.  Good luck.  


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