My question involves a consumer law issue in the State of: VA
Good evening folks.
long story short, my driveway was done about 8 months ago. after the first snow storm in Jan, i started noticing really bad surface damage on the driveway. I was very meticulous with the driveway from the very beginning so this bothered me a lot. I contacted the contractor who said he would 'take care of it' when it warmed up (without giving much details). Long story short, for the past 3 months, i've been in the middle of a fight between him and the concrete company, and now he's saying that he will not replace my driveway because "it's not his fault. it's the concrete that was bad". I keep having to explain to him that my contract is with him, not anyone else...so i can't take anyone but him to court if it comes to that. he doesn't see to get it.
The concrete company did an independent analysis and i have that report. it says that 3500 psi concrete was used, and not the recommended 4500. also says that salt coming in from the street via the car and the cold weather and extra water could have been the culprit.
What should i do? Sue or not?
if sue, can i sue for the replacement costs, or can i sue for more?
ps. i have audio recording of him (yes, that's legal in VA) saying that he'll fix it. Also, his signed contract says that "....company warrants all work for a period of 24 months".