Thanks for the input gents. The original work order included 112 cu yards of fill. It clearly stated that I would pay $75.00 per cu yard if it went over. This contractor has been very forthcoming and until now it really caught me by surprise. The contract's fine print clearly states "Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above estimate.”
I think is shady to say it took nearly double as much fill.
Bottom line the 203k consultant says there was a breach of contract since he clearly did not follow his fine print.
I called around and I got 2 estimates of fill at $215 per load (18 yards) delivered and dumped in my lot. Bobcat Service for a day at $400.00.
I offered him to split the bill and continue with project, otherwise, take me to court and we can play hardball. But because of his fine print my attorney feels he has no leg to stand on.