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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
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