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Dispute with contractor, advice sought

spider

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I had my driveway repaved recently, I am not happy with the work done and wonder if any members have creative suggestions to build a fire under this contractor to correct the problems.

Some background is in order. My driveway is adjacent to my neighbours driveway and both have been paved together previously at the same time. My neighbour’s drive was in bad shape due to utility cuts and he was anxious to have it repaved, mine was showing it’s age and I agreed to have mine done along with his because he is a good guy and they should both be repaved together anyway.

He agreed to seek out a contractor which he did by responding to an advertisement in a local paper. The contractor had good looking equipment (no magnetic signs) and the price quoted was reasonable so I agreed.

The old asphalt was removed early in June and the repaving done a couple of weeks ago. I was out of town and arrived home as the final rolling was being finished. I didn’t care for the appearance of the asphalt but my neighbour was all smiles so I paid the contractor by cheque including GST.

Fast forward to today. The asphalt felt spongy underfoot on day one and still does, water does not drain off the driveway properly and an oily white stain leaches out of the asphalt when it is hosed down. I can easily pick stones out of the surface with my finger nails now and hate to think of what it will look like after a winter of freeze/thaw cycles and snow removal by a truck mounted snowplow. A vehicle pulled into the driveway between the curb and the sidewalk, reversed the front wheels to turn and backed out leaving ridges in the asphalt a half inch deep.

My neighbour contacted the contractor about the poor drainage, he visited, declared the drainage to be OK and left. I haven’t contacted the contractor yet as I would like to have some leverage on my side, I don’t think just stamping my foot is going to be effective. I suspect the material was not as hot as it should have been when it was applied but not being there at the time I can’t argue it except that most of the asphalt surface looks exactly like cold patch which is what it probably is.
 
Did the contractor provide a warranty? Was there a signed contract? If it was a legit contractor, there should be both, and they are your two best options for getting the driveway repaired since you've unfortunately already paid. Otherwise, you'll have to think outside of the box.
 
Did the contractor provide a warranty? Was there a signed contract? If it was a legit contractor, there should be both, and they are your two best options for getting the driveway repaired since you've unfortunately already paid. Otherwise, you'll have to think outside of the box.

Thanks for your reply, yes there is a signed contract and warranty but as the contractor has already dismissed my neighbour's concerns I don't expect him to be receptive to mine unless I can get his attention with an "out of the box" approach as you suggest.
 
File a complaint to your local BBB chapter.
Have a letter (sent registered mail) from both you and your neighbor regarding your concerns/complaints and make sure you CC the BBB.

I don't know how you found this contractor and if this company is a part of any contractor's group or network, but if he doesn't cooperate you could take your complaint/warnings publicly.
 
Surprisingly there is no BBB in Toronto, a BBB in Kitchener covers a large area in Ontario including Toronto but the firm in question is not listed. There doesn't appear to be a trade association either.
 

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