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LawTalk, Attorney
Category: Legal
Satisfied Customers: 37855
Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
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Roofer contract says not responsbile way. Had a tile

Customer Question

Roofer contract says not responsbile for drive way. Had a tile delivery by a supply company with very heavy truck, more than what my drive could take in weight (my drive way is cement 3 & 1/2 inches thick (not reinforced), and it split the concrete. Assuming they did nothing to check the driveway, Is that negligence? Where they required to warn me? Do I have a defence based on negligence. Thanks.
Submitted: 2 years ago.
Category: Legal
Expert:  LawTalk replied 2 years ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
Because the contract with the roofer clearly exonerated the roofer in advance for any damage to your driveway, they have a defense.
You may be successful suing the delivery company based on a theory of negligence for not checking with you as to whether they had you approval to drive onto your driveway. It is not a certain win but you do have a shot at collecting the cost of repair. And if you do sue, they may settle for a few hundred to avoid the risk of perhaps losing a lot more.
Small claims court is the place to file your suit.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,
Customer: replied 2 years ago.
I am just an accountant, I was standing there and watching this event. I had not idea how heavy the vehicle was at 35K pds and I had not idea that my drive way was just a bear minimum construction without reinforced concrete. Was it there responsibility to advise me. They may feel they are protected in the roofer's contract even though there is no mention of other roofing contractors. This is the last question, Thanks.
Expert:  LawTalk replied 2 years ago.
They are not protected by the roofing contract.
The fact that you watched them drive up isn't good, but you had no reason to know that the weight was that much.
Again, this is far from a slam dunk, but you do want to at least try.
If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.
Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.
I wish you well,