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Morning. I am from Manitoba. Just had my drive concreted.

They asked me how large...
Morning. I am from Manitoba. Just had my drive concreted. They asked me how large it was and gave me a quote - they never came out and measured it. The price was for xxxft2. Now they are saying the driveway is larger than they quoted so price is higher. Sure wished they had come and measured up. Not sure if we have to pay the higher amount or not. The much bigger problem is that when they were pouring one section of it, halfway through there was a najor rain storm which resulted in half of it having to be broken up and redone. The half that was OK was never sealed at the time which it is supposed to be. Then they repoured the bit that had to be broken up plus did a lot more. This stuff they put sealer on but the colour has gone really blotchy yellow. Looks terrible. The concrete company came out and they said to start with they thought it was coloured concrete. But then they confirmed it wasn't the concrete but the sealer. My contractor hasn't done anything about this for the last two month. I have only paid 50% so far and now is wanting the rest of the money. I want to be fair but am not paying until we either get a substantial discount or get some resolution. He is talking about sand blasting the yellow part now and resealing it, but sand blasting might change the look of the drive. How do we get this resolved?
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Answered in 1 hour by:
10/13/2017
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,034
Experience: Lawyer
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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I am sorry to hear this.

You will owe him the amount he is asking for because you gave him the incorrect measurements but that is only when you get what you paid for.

When he repairs the driveway so it is exactly the right colour then he is entitled to the full price.

If he does not he is entitled to be paid what he believes he is entitled to less what it costs you to pay someone else to rectify the defects.

That is what a court would order so that is what you should tell him.

Does that make sense?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 8 months ago
Thanks. So I will have to get the drive acurately measured to come to an agreement on the size.
The total project value is $105,000 + tax = $110,000. I have paid 50% so far. Am I obligated to pay any more until it is corrected?

He cannot force you to pay without a court order so you should tell him you are not paying any more unless there is an order or the driveway is perfect.

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Customer reply replied 8 months ago
Thanks. Another thing I would like to get nailed down before I pay is regarding the warrenty. Typically he gives a 2 year warrenty but he told be he would guarantee our after the trouble we had for 20 years. It is widely know that you don't drive cars on new concrete for 5 days, and heavy trucks for 30 days. They had some heavy concrete trucks on the concrete when it was only 5 days old. I took pictures that are dated. I spoke to my contractor about it and he said it isn't a problem and anyway he is going to give me a extended warrenty. O am worried I might have problems in a couple years becasue of the trucks. How do I make sure the warrenty is watertight and valid before I pay?

I don't believe you can. The reason why is that you cannot be sure that he is going to carry on with his business or not. If he is incorporated he can easily close one business and start a new one if he is worried about someone coming after him.

So there is really nothing you can do and so that is really one of the reasons why you have to be so careful to make sure you get this done completely correctly now.

Debra
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Category: Canada Law
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