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Experience:  Civil litigation attorney for individuals and businesses.
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wo weeks ago, a balcktop company offered a discount to redo

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wo weeks ago, a balcktop company offered a discount to redo my driveway since a customer had just cancelled. I agreed verbally and got a card that says $3000. estimation. They began to work immediately and due to the breakdown of a bobcat it was delayed a day. They came late the next day and after laying the sand a gravel they proceeded to black top the driveway even though it was 9:00 pm and pouring rain. Needless to say, the blacktop was a mess and they said they would redo it. They came and started to tear out the old blacktop and said they didnt need to redo the whole thing, to leave part of it and and pave over it. When a neighbor came to see if the had a permit, the owner stated no. They got into a heated altercation which resulted in the owner being arrested. I have tried calling them numerous times to talk about the driveway to no avail.My question is: Am I responsible pay for the material they laid down even though it was poorly done and since they have not called back after one week , can I hire another contractor?

William B. Esq. :

Dear Customer, thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.

William B. Esq. :

I am sorry to learn of this situation. The company is in breach of contract, it has the obligation to provide you with a workmanlike blacktop surface and has failed to do so.

William B. Esq. :

At this point, the breach is relatively recent (they have only failed to repair for a period of one week), so the first course of action in these situations generally is to write a formal letter advising the contractor of their breach, and demanding that they "cure" or fix the breach within a specific amount of time.

Customer:

So they cannot come back and ask for money for the material and I am free to hire another contractor.

William B. Esq. :

Following that, you can file a civil lawsuit against them for the cost of having a reasonably comparable company perform the same work to properly install the blacktop.

William B. Esq. :

The way in which your contract was set up, it is arguable that they are not entitled to fees until they actually perform the work.

Customer:

I Havent paid them at all.

Customer:

We didnt do a contract> it was a verbal agreement

Customer:

So if we took them to civil court, would they be repsonsible for the cost over their price?

William B. Esq. :

A contract is still binding even if it is verbal.

Customer:

How much time is adequate for them to respond since I need the driveway repaired soon.

William B. Esq. :

I cannot give you specific legal advice or instruction through this service. But generally you can calculate a reasonable period of time based on the inconvenience of the situation (they are blocking your driveway etc.), and the estimated amount of time it would reasonably take them to repair the damage.

Customer:

Okay thank you for your help. Very informative!

William B. Esq. :

You are welcome, I do hope that this company makes this matter right quickly for you.

Customer:

Me too ! Take care

William B. Esq. :

Thank you.


 


Thank you for using our service, please do not forget to rate my answer when you are satisfied. I do wish you the best of luck in this matter.


 

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