Getgen Excavating

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• By Steve W.

  October 14, 2017

  Excavation work for new construction

  We had Getgen Excavating do the excavation work and final grading to the lot which we had a new house constructed. To say this was a horrible experience dealing with this company would be an understatement.

  The problems started when they installed a driveway that was very steep. Contractors had a difficult time getting to the house and our car could not go up the driveway. We told Don Getgen our concerns and he suggested moving the driveway further up the hill to alleviate the steepness. We agreed and he said we would need to get an easement agreement with the neighbor which we did and had it resurvey. At no time did Mr. Getgen said there would be additional cost and it wasn't till we got the final invoice that he tried to bill us an additional $7500. His contract that we agreed to the terms required written change orders for any additional costs and we had to sign before work was to begin. He never did that. We tried to compromise with the man on the cost with what funds we had left but he said he wanted the full amount.

  But that wasn't all of it. The final grading of the entire property cost us over $12,000. Mr. Getgen assured that when he was done all we would have to do is plant grass. When they were done, there were so many rocks and stones in the yard that we were trying to plant grass on stone. Worse yet, all the soil from the back of the house that he told us in the initial email would be used in front of the house to alleviate the steepness of the front slope. Without our consent, he hauled truck loads of top soil from the back of the house to another job he was working instead of using it in front of the house.

  We sought the legal advice of our attorney. After reviewing the contract, our attorney told us we had no legal obligation to pay him the additional $7500 because he did not follow the terms of his contract. When Mr. Getgen realized we were prepared to fight instead of caving in to his terms in order for us to convert our construction loan to a mortgage and lock in on a rate, he slapped a mechanic's lien on our property. At the time we without the final payment we owed him on the contract due to the additional charge for moving the driveway and shoddy work on the final grading.

  We counter sue Getgen Excavating under the Pennsylvania Consumer Fraud Protection Act. Basically, we sued for construction fraud, breach of contract and deceptive misrepresentation. Almost exactly a year later, Getgen dropped his mechanic's lien and we drop our suit and just paid what we owed on the final contract. The grading on the property has made mowing grass very dangerous on a riding tractor and we'll probably have a landscaper come in the spring to stone the side off the front porch.

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