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Richard, Attorney
Category: Legal
Satisfied Customers: 55312
Experience:  Attorney with 29 years of experience.
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Would you consider a case against a cement contractor? I paid

Customer Question

Would you consider a case against a cement contractor? I paid $4,000.00 for new driveway that started 'spalling' within one year and is now crumbling. I did call the contractor back out and he refused to do anything about it. I latter learned from a friend that worked at the cement provider that the contractor uses whatever cement is left over at the end of the day! I've now been told the concrete is the wrong kind for a driveway. So the problem I'm having was predictable by those with knowledge of the business! Thank you Judy
Submitted: 2 years ago.
Category: Legal
Expert:  Richard replied 2 years ago.
Hi! My name is ***** ***** I look forward to helping you!
I absolutely would suggest you pursue the contractor. First, raise the stakes on him. He is in breach of contract and you do have recourse. Send him a certified, return receipt requested letter detailing the history and demand he pay you the $4,000 it will cost you to have another contractor replace the driveway. Inform him that if he does not comply with your demand within a short specified period of time, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as gross negligence, fraud and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, he will settle this without a hearing rather than risk punitive damages and the judgments that will basically prevent him from doing business in the future.
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