Is the contracting company responsible for damage?
Question:I hired a company to do my concrete patio. They told my that they would put plywood down so that the bulldozer wouldn't tear up my lawn but they never did. After they left I had to clean up the mess of the yard. There is a lot of damage in the front and the back of my house. My grass is gone. They even tore up some of my neighbors lawn. I still owe him half the payment. I want to use that half to fix up the damage. Is he responsible for the damage?
Answers:
Get pictures of the damage and get quotes on how much repairs are going to cost; both for your property and your neighbour's lawn. And withhold the final payment. Initiate procedures with the Better Business Beaureau or like-minded agency.
Technically, all contractors have an obligation to minimize the effects of their work. It isn't necessarily a contractual obligation, unless agreed upon prior to construction, but one of honour. Depending on the work being done, some items like flower beds and gardens are hard to minimize one's impact on and are destroyed in the course of construction. It is just an accepted condition that comes with certain projects. However, damage to lawns can be minimized by using plywood or temporary wood paths.
It's always better to try and avoid the courts; all you do is add more costs to the circumstances. And even if you do get a settlement in your favour, it doesn't necessarily mean you'll receive any money. Many unscrupulous contractors will simply declare bankruptcy, shutdown operations, then reopen under a different name.
The best thing to do is contact the contractor and state you aren't satisfied with the completed work and try to work out a settlement which addresses the damages. Use the withheld payment as leverage. Get any agreement in writing.
However, I suggest you don't accept any agreement which sees that particular contractor conduct the repairs. It is obvious what they say and what they do are completely different.
Do you have a contract in writing? If not, did someone hear the person make the statement? If so, take them to small claims court, get two estimates on the cost to fix up your yard and your neighbors yard, and present the claim to the court. He will either pay up or you can execute the judgment the court gives you and attach his bank account.
The cur
"I want to use that half to fix up the damage."
Only if he refuses.
Call lawyor in your area & explain what you just told us. He/she should give you insight on what can & cannot do. Laws differ from state to state.
Take pictures.
Address the contractor that you are unhappy (now you know your options after talking to the lawyor).
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