Contractor's Liability for Cosmetic Issues

[puppetjr]

My question involves business law in the state of: Florida
Over a year ago, we completed an asphalt paving job. Recently, the customer asked us to come back & do some minor repairs on tire marks or cracks that were caused by someone else - since it is time to seal the driveway, we told them, we could touch up the spots when we seal & wouldn't charge them for the touch ups, only the sealing job. They only want us to come & touch it up for free - if we do that for them, it will leave mismatched color on the driveway which we know they won't like, so we said no. Now they contacted an attorney, who said our offer was more than fair but they still only want the free touch up - we were willing to do the touch up as a goodwill gesture but now it seems they feel we owe it to them. Their attorney offered to write something up to state the customer is aware that he will be left with darks patches in the driveway. Our concern is, if we agree to this, are we opening ourselves up to taking responsibility for damage to the driveway that was not caused by us? Or is it in our best interest to decline any further work on this driveway - there was no warranty written or expressed & it's been almost a year & a half since it was completed. thanks

[Mr. Knowitall]

If they sign a waiver that covers any dissatisfaction from the patches on the driveway not matching the rest of the driveway, that would seem to cover your concern. If you don't think their waiver is adequate or don't understand its meaning, run it past your own lawyer.