Excess construction sand classified as "waste"

ok, thanks for the opinions, but back to the original question: is the earthworks contractor allowed to just do that? I mean to deliver more material than needed and just leave it like that?

Well, as already mentioned, that's not much in the context of house construction. He probably filled the last truck at the gravel plant to make sure there was definitely not too little. Then there was some left over. Of course he left it there, because first, you paid for it, and second, the gravel plant doesn't just take back the excess. A nice gesture would have been to ask you if you wanted it moved to a specific spot on the property. But you should never rely on that during house construction. If you don't say anything yourself, they do it the way they think, and usually they think about what's easiest for themselves. If they even think at all.

ok, thanks for the opinions, but back to the original question: is the earthworks contractor allowed to just do that? I mean, deliver more material than needed and just leave it like that?

you posted the passage yourself. What do you want to hear, go to a lawyer? It's not worth the sand hill.

The excitement is not worth it here. Sand is always needed. For gardening, for building, for spreading, possibly for the sandbox, and so on and so forth. Just keep it and enjoy it.

I also assume that the earthworker had no ill intentions there. He probably thought that you paid for the stuff anyway, and it is useful, so why should he have taken it away? He probably thought he was doing everything right / making you happy.

If there is no other need: when creating the garden, simply have it rototilled as well. Good for the soil