HELP with my DRIVEWAY- I THINK I GOT TAKEN!

[mahlers]

I agree with Hakim's advice regarding court as a last resort.

Start with a demand letter that clearly outlines what you are unhappy with and what you want done to resolve the matter. Here is where you can include 'expert' written opinion from another vendor (but don't say who that vendor is yet, just say it is a reputable local firm who inspected the work - you want to keep them guessing regarding who might be on your side, and not give them the opportunity to call their buddies to 'set them straight'). Give them a specific amount of time to respond and make it clear what your next steps will be if they don't respond in time. Pressure them from several angles (BBB, Licensing Board, Chamber of Commerce, their bonding insurer, and possibly local media) prior to any court action. Almost all the time, if it's a reputable business, they will fix things because they don't want the hassle, pain and distraction that an angry customer can cause.

Get a good material witness if things go to court - letters don't count because they can't be questioned by the defendant or the judge. Have a licensed paving contractor inspect the work and testify in court for you if possible.

Finally, put yourself in their place - and realize that they are scared to death of registered complaints and civil judgements because it doesn't look good for them and their reputation. Also, realize that a civil judgement against a business isn't something that can be 'blown off' like many civil judgements are - they probably will not be able to maintain their contracting license if they have any unpaid civil judgements against them (at least that's how it works in California). Best of luck to you!!

 

[Varmintmist]

Ok, 2 of binder and 1" of top is pretty standard in PA, at least it was when I was working asphalt. No I do not belive that it will compact to 1.5" although it can move a lot. If the contract doesnt state 3 compacted inches, I think you have what you have. All of the contracts I have ever seen for a drive way were 2 and 1 not compacted. The company I worked for had one of the best reps in the area for good honest work for a small operation. Not the cheapest, but the best.

Did you mark the block before he started grading?? If so, the odds are that he pulled a lot in from the sides and took the crown out to level it. Yes there are differences in the rough grade, the binder grade and the top finish grade. Thats life. You cant name a single contractor on the planet that can start asphalt at 3 in on one end and hold 3 till the finish. You can be close, but somewhere there will be less, and somewhere there will be more.

If you really want to prove anything in court, you will have to cut core samples and have them analized. This will leave holes and patches in your new drive. The state and feds do this on gov. jobs. If you see them cutting 4"x6" holes in a new highway, thats what they are doing. Cutting out blocks of asphalt and avrageing them and testing for compaction.

This guy may not be the best, but he doesnt sound like a gypsey to me.