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New Driveway is pitted (---MAD---)

Old 02-27-08, 02:57 PM
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New Driveway is pitted (---MAD---)

I had a new concrete driveway poured back in May and I noticed the other day that it is all pitted. Looks like a mine field.. They sealed the driveway with only a surface sealer and I knew it was a shitty job because because he used a pump sprayer. You can clearly tell where the sealer wasn't thoughly applied because when the driveway was wet you can see the lines.... I mean I can understand some pits and some cracks but this seems excessive.

I'm mad at the contractor for not doing a better job sealing it... I mean I would of paid for it...

I am also mad at myself for not using a penetrating sealer before the winter...but I was told it should be good for a year.

I had the contractor come out the other day and he leaves me a paper from Meyer that pits are to be expected and its normal.. B.S. If the sealer was applied properly it wouldn't have happened.

So I left a voicemail that something needs to be done...
I told the contractor I want the pits repaired or something....

Do I have any recourse in small claims court if I get the run around?
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Old 02-27-08, 03:25 PM
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Remember, a small claims judge has no equitable powers. He can reimburse you for fixing it yourself however.
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Old 02-27-08, 03:26 PM
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Originally Posted by ANDREMIKE
I mean I would of paid for it...
Expect more comments about this than answers to your actual question.
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Old 02-27-08, 03:41 PM
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Originally Posted by DVD Josh
Remember, a small claims judge has no equitable powers. He can reimburse you for fixing it yourself however.

YOu mean I can't sue them to fix it but I can sue them for the cost to repair/replace it?

thats fine....
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Old 02-27-08, 03:43 PM
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Originally Posted by ANDREMIKE
YOu mean I can't sue them to fix it but I can sue them for the cost to repair/replace it?

thats fine....
That is exactly right.

A judge is going to want to see you make a substantial effort to resolve it with them first though. Document all correspondence and start sending letters certified.
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Old 02-27-08, 03:48 PM
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I would think it depends on the small claims court. I would think that most contractual remedies (including repair) would be available in the court - but it's going to depend.

If you google your city/state and "small claims court" you might find a court website that can answer your questions.
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Old 02-27-08, 04:06 PM
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Originally Posted by orangerory
I would think it depends on the small claims court. I would think that most contractual remedies (including repair) would be available in the court - but it's going to depend.
It's going to be the exception rather than the rule.

A small claims court is designed to quickly and easily dispose of claims. What you are talking about doesn't do that. He still has to get them to come do it, do it satisfactorily, etc. That's primarily why equitable remedies are not available in SC court.
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Old 02-27-08, 04:29 PM
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I will definitely try to resolve this with them first.

Has anyone ever had this happen to their new driveway?
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