Depth Overrun, Required Testing, and an Unsigned Owner
A driller signs a one-page proposal for a new well: 'Estimated depth 300 ft; firm price $13,500; additional drilling billed at $40/ft; water test included.' The well is completed at 420 ft. The homeowner refuses to pay more than $13,500, saying the driller 'guaranteed 300 feet.' The driller has not filed the well completion report, and the homeowner asks for only a bacteria test because 'arsenic is not a problem around here.' The driller's license is current, but the proposal was signed by the homeowner's adult son, who does not live there and whose name is not on the deed. The driller wants to file a mechanic's lien and wants to know what water tests are legally required.
1. Is the homeowner bound to pay for the extra 120 ft? Analyze the contract language and the son's signature.
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The proposal has conflicting terms: 'estimated depth 300 ft' and 'firm price $13,500' against 'additional drilling at $40/ft.' A firm price generally means the driller bears the risk of extra depth; a unit-price or estimate clause means the owner pays for actual depth. Because the driller drafted the document, a court may resolve ambiguity against the driller. The driller should have notified the owner at 300 ft and obtained a written change order before drilling the extra 120 ft. The son's signature is weaker if he is not on the deed and not authorized; the driller should seek ratification from the record owner. Practical answer: negotiate the extra-footage charge, document the conversation, and do not assume the full $4,800 is automatically collectible.
2. What water tests and reports are required, and can the driller test only for bacteria?
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No. For a new well in Maine, the required test panel is broader than bacteria; it includes arsenic, fluoride, uranium, radon in water, and total coliform bacteria. Confirm the current Drinking Water Program list before sampling. The driller should collect the sample properly and report results to the owner. The well completion report must be filed with the Maine Drinking Water Program within the required time, generally 30 days, and a copy given to the owner. The driller should not let the owner's assumption about arsenic substitute for the required test; arsenic is a common Maine problem and the test is the point.
3. What should the driller do about the unpaid balance and the lien?
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First, send a written invoice and demand letter with the contract, the depth record, and the change-order issue stated. If payment is not made, consult Maine's mechanic's lien statute before the deadline; for residential work, notice requirements and deadlines are strict and missing them can destroy the lien. The driller should also check whether the son's signature can be ratified by the owner. Do not file a lien based on an unsigned or ambiguous contract without legal review. For future jobs, separate 'estimated depth' from 'not-to-exceed price' and require written approval for extra depth.