HAOLE Posted May 31, 2009 Report Share Posted May 31, 2009 So here is the deal. The kids are getting antsy with not much to do out here in the sticks. So I decide we are going to put a play set in for them. The problem is we live on a hill, so we hire an excavator to level out yard. During the excavation we had many tons of clay removed from the yard. The contractor could have taken the dirt out through an empty lot next door, but he decides to back a 26,000 pound dump truck onto my concrete drive. According to the excavator the truck weighed 26,000 empty. It holds about 5 yards I think. Top soil weighs about 2400# per yard. That is 12,000# load plus the truck, that is 38,000#. So I get home and notice the driveway has 3 cracks. These two are the big ones. They are about 1/4" wide and 3 feet long. The other crack is very fine and barely noticeable. http://i84.photobucket.com/albums/k25/straightchiro/Picture.jpg So I call the guy and tell him he broke the driveway. He proceedes to say to me "I am not sure what you expect, we had to had a dump truck up there". The contractor goes on to say the he "is not responsible for the damage , you must have had a bad driveway". I called a concrete contractor out and he said it is about $1500 to $2000 in damage. So is the contractor responsible for the damage or not? He had other avenues to remove the dirt beside my driveway. We also were not informed he was going to put the truck on the driveway, and no damage waiver was signed. I have not paid them the balance of the job yet and will not until all issues are resolved. On top of the now I have a lake in my back yard because they did not do the grade right. Quote Link to comment Share on other sites More sharing options...
Snowflake Posted May 31, 2009 Report Share Posted May 31, 2009 Sounds like a mess to me. I dont think you can hold his money even thow I would do the same thing. First thing I would do is get them back out there to do the job right if its going to hold water. As far as the driveway, how old is it? I dont know how that would go down if you cant prove the cracks were not there allready. I dont know homie, sounds like you're in a bad spot... Quote Link to comment Share on other sites More sharing options...
BDHG940 Posted May 31, 2009 Report Share Posted May 31, 2009 (edited) So I call the guy and tell him he broke the driveway. He proceedes to say to me "I am not sure what you expect, we had to had a dump truck up there". The contractor goes on to say the he "is not responsible for the damage , you must have had a bad driveway". He's absolutely liable for the damages on your driveway. He was too damn lazy to go around the house, and he damn well knows that enough weight to do damage on your driveway. If I were you, I wouldn't pay him another dime (knowing he'll never win anything in court). Edited May 31, 2009 by BDHG940 Quote Link to comment Share on other sites More sharing options...
Linc5.0 Posted May 31, 2009 Report Share Posted May 31, 2009 liable any good business owner or contractor would resolve this themselves...especially being graded wrong. You could completely ruin his business if he doesnt handle it right. Quote Link to comment Share on other sites More sharing options...
TTQ B4U Posted May 31, 2009 Report Share Posted May 31, 2009 He's responsible for the damages and he knows it...or will shortly. I wouldn't pay him another dime. Files a small claims case or perhaps look for a mediator prior. Neither him nor you want to spend time in court unless it comes down to it. Quote Link to comment Share on other sites More sharing options...
Farkas Posted May 31, 2009 Report Share Posted May 31, 2009 Something similar happened to my father's driveway when we had some concrete poured in our backyard. They took the truck up our driveway and around our side yard and ended up breaking a corner of the driveway. Needless to say, they fixed it themselves. Quote Link to comment Share on other sites More sharing options...
Sam1647545489 Posted May 31, 2009 Report Share Posted May 31, 2009 You should of never hired a guy that says his 26000# empty truck loaded will be fine on your 4" of concrete driveway especially if there was an empty lot next door to remove the dirt. Any good contractor would know not to drive on the driveway. He is 100% liable for any damage unless you signed something saying it was ok for him to drive there. This is why all concrete trucks make you sign a waiver before the drive onto your property. Quote Link to comment Share on other sites More sharing options...
sol740 Posted May 31, 2009 Report Share Posted May 31, 2009 What a dumbass. I hope you get your shit fixed in a timely fashion. Quote Link to comment Share on other sites More sharing options...
Berto Posted May 31, 2009 Report Share Posted May 31, 2009 File a complaint on the BBB website. They will have someone mediate between you and the company. The contractor will know you mean business. Quote Link to comment Share on other sites More sharing options...
Science Abuse Posted May 31, 2009 Report Share Posted May 31, 2009 Read everything you signed twice, make sure you didn't sign something without knowing. If you're clear, they're liable. I'm not sure about the BBB, because it's not threatening if the business doesn't give a shit. Any guy who would just blow you off on the phone like that probably doesn't realize how important reputation is, so he may scoff at the BBB. The Ohio Attorney Generals office, not so much. http://www.ag.state.oh.us/citizen/consumer/complaints.asp Also, they didn't do the job right regardless, so don't pay them until it's done. Lastly, driving through the vacant lot may not have been an option if you don't own it, and they didn't have legal permission to be there. Does this company have a name? Quote Link to comment Share on other sites More sharing options...
Akula Posted May 31, 2009 Report Share Posted May 31, 2009 Did he have permission to trespass on the lot next door? If you didn't tell him to go that way, he wouldn't know he was allowed to. He should fix the driveway, but I wouldn't say he can use the lot next door unless you own it and told him that. Quote Link to comment Share on other sites More sharing options...
TimTaylor751647545500 Posted May 31, 2009 Report Share Posted May 31, 2009 I went to Stone Center yesterday for an estimate to have some gravel delivered to my house and they said prior to delivering, I'd have to sign a waver so that any damage to my driveway from their truck, they would not be liable. If this contractor didn't make you sign any sort of waver, they're liable. Quote Link to comment Share on other sites More sharing options...
HAOLE Posted May 31, 2009 Author Report Share Posted May 31, 2009 You should of never hired a guy that says his 26000# empty truck loaded will be fine on your 4" of concrete driveway especially if there was an empty lot next door to remove the dirt. Any good contractor would know not to drive on the driveway. He is 100% liable for any damage unless you signed something saying it was ok for him to drive there. This is why all concrete trucks make you sign a waiver before the drive onto your property. There was no signed waiver.I never would have guessed that the guy would be dumb enough to drive that truck on my drive.Thatis what I get doing business with contractors in knox county. I hope we can work this out with out going to court. I don't want to hurt the guys business at all. I would like to just my drive fixed. Quote Link to comment Share on other sites More sharing options...
944s2 Posted May 31, 2009 Report Share Posted May 31, 2009 There was no signed waiver.I never would have guessed that the guy would be dumb enough to drive that truck on my drive.Thatis what I get doing business with contractors in knox county. I hope we can work this out with out going to court. I don't want to hurt the guys business at all. I would like to just my drive fixed. But if he refuses you need to get a lawyer or file a civil suit against him as soon as possible to show him you mean business. To many people cave into big businesses and it pissses me off to see people get taken advantage of. I don't think you deserve a million dollars just a proper grading job and a driveway fix, and he should provide you with that if he fucked up. Quote Link to comment Share on other sites More sharing options...
99FLHRCI Posted May 31, 2009 Report Share Posted May 31, 2009 I would file a complaint with the BBB and there is also a company called Angie's List that you can join. Both of them use mediators and are often checked by people before hiring a company. If he resolves the issue it will be noted and make his company look good. If he does not it will make him look bad. At that point you are not hurting his business, he is making the decision him self. If that goes no where then, I would take it to court. Tell them you simply want the job done right and you want the driveway fixed. It is not anything you are not owed. Quote Link to comment Share on other sites More sharing options...
KillJoy Posted May 31, 2009 Report Share Posted May 31, 2009 Wow. That sucks. Hopefully you can get him to finish the job and repair the drive. If not... Court might be your only option. KillJoy Quote Link to comment Share on other sites More sharing options...
Mensan Posted June 1, 2009 Report Share Posted June 1, 2009 I think you might still need to pay him for the work that he did, otherwise you make yourself liable for a suit. However, since they did not grade the yard correctly, you may be able to hold the money until the work is completed. What I would do is have them finish the work, pay them, complain to them and demand the money (with a copy of the estimate of damage) and keep a copy of the letter. If they refuse, complain via the AG website (ag4ohio.com), and provide them with all of the info you have. They will not settle monetary disputes but will attempt to settle any differences you have over property damage so that the court system is not burdened. If that does not settle the issues (they have 90 days) then file a suit in Knox County Small Claims court. Do not threaten a lawsuit or they can sue you. Do not do anything that may make you liable or even look bad in front of a judge. You always want to look reasonable and responsible, which is why you should pay for the completed work. Quote Link to comment Share on other sites More sharing options...
Tractor Posted June 1, 2009 Report Share Posted June 1, 2009 If you don't pay they can use the mechanics lien law to force you to eventually, but it will require a hearing. If your really worried about the driveway getting fixed by them I'd still probably not pay at least at first to let them know your serious in your demands. I'd document that you sent a letter with your request to fix the driveway that they damaged and that your holding payment for now. Thats completely reasonable. Quote Link to comment Share on other sites More sharing options...
kirks5oh Posted June 1, 2009 Report Share Posted June 1, 2009 are you sure there's no type of manipulation or adjustment you can do to fix the driveway??? surely, there must be some type of homeopathic solution. j/k that sucks, and yes he is absolutely responsible for this. Quote Link to comment Share on other sites More sharing options...
HAOLE Posted June 1, 2009 Author Report Share Posted June 1, 2009 are you sure there's no type of manipulation or adjustment you can do to fix the driveway??? surely, there must be some type of homeopathic solution. j/k that sucks, and yes he is absolutely responsible for this. Sorry, I don't have an adjustment that will fix it. But I do hear you guys are working on a drug to patch the cracks, but side effects are worse than the cracks. A surgery will come later to remove the broken pieces, but it wont fix the underlying problem. Oh well, I guess I will have to fix it right, kind of like going to a chiropractor.:grin2: Quote Link to comment Share on other sites More sharing options...
sol740 Posted June 1, 2009 Report Share Posted June 1, 2009 Sorry, I don't have an adjustment that will fix it. But I do hear you guys are working on a drug to patch the cracks, but side effects are worse than the cracks. A surgery will come later to remove the broken pieces, but it wont fix the underlying problem. Oh well, I guess I will have to fix it right, kind of like going to a chiropractor.:grin2: Well you could adjust his neck ... then keep adjusting till theres no more popping. Quote Link to comment Share on other sites More sharing options...
HAOLE Posted June 1, 2009 Author Report Share Posted June 1, 2009 Well you could adjust his neck ... then keep adjusting till theres no more popping. Sounds good Quote Link to comment Share on other sites More sharing options...
DaddyBuiltRacing Posted June 2, 2009 Report Share Posted June 2, 2009 Any legit contractor should be LLC which is Legal Licensed Contractor which in english terms means has a business license and insurance. He is absolutely responsible for the driveway and the lake you have at your house now. Quote Link to comment Share on other sites More sharing options...
wnaplay1647545503 Posted June 2, 2009 Report Share Posted June 2, 2009 Any legit contractor should be LLC which is Legal Licensed Contractor which in english terms means has a business license and insurance. He is absolutely responsible for the driveway and the lake you have at your house now. LLC is a limited liable company. Quote Link to comment Share on other sites More sharing options...
Bam Posted June 2, 2009 Report Share Posted June 2, 2009 I thought LLC meant Limited Liability Company? edit, jason beat me to it by .000000000000000000000000000000000000012 seconds! Quote Link to comment Share on other sites More sharing options...
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