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  1. #1
    Join Date
    Aug 2015

    Default How to Get a Contractor to Honor its Warranty

    My question involves a consumer law issue in the State of: NY

    I hired a paving contractor to resurface my driveway which he did and gave me a written guarantee for 3 years started on 7/14 by 7/15 the driveway is basically crap now. They were called several times and were always no show.

    Shortly after this they changed their number and started going by a different name. The original and new business entity's I believe are not legitimate businesses as I can't find record of them with the county. I know I should have done more research but I was pressured to do the job with a low price which I should not have done, as I see that clearly now.

    Now, I paid with a card and the payment was actually drafted by a legitimate business here locally which I believe is a relative or friend of theirs processing their cc payments. All correspondence via USPS has been returned when I send to the people that actually did the work. So, my question is does the company that actually took the money have any liability here? Do I have any options at all?

  2. #2
    Join Date
    Mar 2013

    Default Re: Driveway Cracked/Crumbling

    Quote Quoting rgc01
    View Post
    So, my question is does the company that actually took the money have any liability here?
    I don't know what the point is of emphasizing that is.

    Look on your receipt or invoice or warranty. The company or person that is named on those papers has the liability and that's who you go after.

    Quote Quoting rgc01
    View Post
    Do I have any options at all?
    If the company or person was a licensed contractor and had a license bond with the state (or whatever licensing agency is involved in NY) that's one avenue.

    Otherwise you sue the company that's on those papers. If that company is defunct you could sue the principal but you would have to "pierce the corporate veil" (google it).

    Trouble is, going for the low price without checking the bona fides of the company probably will end up meaning that you are stuck with the cost of replacing your own driveway.

    It's possible that the fly-by-nights will ignore the lawsuit and ignore the judgment which will likely turn out to be uncollectible.

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