Dear Customer, thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.
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.
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.
So they cannot come back and ask for money for the material and I am free to hire another contractor.
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.
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.
I Havent paid them at all.
We didnt do a contract> it was a verbal agreement
So if we took them to civil court, would they be repsonsible for the cost over their price?
A contract is still binding even if it is verbal.
How much time is adequate for them to respond since I need the driveway repaired soon.
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.
Okay thank you for your help. Very informative!
You are welcome, I do hope that this company makes this matter right quickly for you.
Me too ! Take care
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).