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  1. #1
    Join Date
    Feb 2013
    Posts
    29

    Default Suing for Repair of an Improperly Installed Driveway

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

    We had an asphalt driveway installed in Aug. 2015. It was immediately apparent that it was improperly graded at the top by our garage/front porch. We contacted the paving Co. and they agreed. The repair involves digging up a portion of the driveway and re-paving with correct grading so water does not accumulate. Despite numerous phone calls and emails, they have not, after 2 years, repaired our driveway. I want to hire another company to do this repair and sue the original company for the cost in NYS Small Claims Court. Can anyone tell me if this is an acceptable action for this court?

    Thanks

  2. #2
    Join Date
    Mar 2013
    Posts
    16,864

    Default Re: Suing for Repair of an Improperly Installed Driveway

    Quote Quoting cswanson69
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    Can anyone tell me if this is an acceptable action for this court?
    Of course it's an acceptable action for the court. Is that really what you wanted to ask?

    There is no guarantee that you'll win and, if you win, there is no guarantee that you will ever collect.

    The repair involves digging up a portion of the driveway and re-paving with correct grading so water does not accumulate.
    OK, so the driveway has been that way for more than two years. You've certainly had enough rain storms in that time. Has water accumulated where it wasn't supposed to? If yes, did you think to take photos documenting the condition?

    If there have been no instances of water accumulation, I'm not sure that you have anywhere to go with a lawsuit.

  3. #3
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,607

    Default Re: Suing for Repair of an Improperly Installed Driveway

    Quote Quoting adjusterjack
    View Post
    Of course it's an acceptable action for the court. Is that really what you wanted to ask?

    There is no guarantee that you'll win and, if you win, there is no guarantee that you will ever collect.



    OK, so the driveway has been that way for more than two years. You've certainly had enough rain storms in that time. Has water accumulated where it wasn't supposed to? If yes, did you think to take photos documenting the condition?

    If there have been no instances of water accumulation, I'm not sure that you have anywhere to go with a lawsuit.
    As AJ has stated, if water has been leaking into your home becaause of the poor slope in drainage, you will need to show receipts for clean-up and repairs of sheetrock and or flooring from rain storms.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

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