I'm not a lawyer, but it seems to me this covers your situation. As I read this, unless you can prove that his workmanship, or that of his subs, caused the driveway to settle, I don't see how you could win. Again, I'm not a lawyer and I could easily be wrong. Maybe you need to talk to a lawyer before taking this any further.

Here is a link that might be useful: Housing Merchant Implied Warranty

A lawyer will cost much more than fixing it yourself.

Ive spoken with the contractor he subed it out to. He told me that he was just hired to put the top coat down. He also said that he sees this all of the time when contractors do the "prepping" themselves. Explaining to me that he did not tamper the crusher stone down good enough. I also got a quote from the guy as well for 2k to fix it.

2K is peanuts. Take him up on the quote.

2K is NOT peanuts in any sense!!!!!!! Can you post a pic of it? I can see where GC's 'might' not cover this because up there you get ALLOT of snow and ground heave because of all the long months of freezing up there.

Hollysprings if 2k is peanuts then can you pay for it?? On a 220k house, im sure he profited around 30k. I also feel like its the fact that he should do what is right and fix the driveway. I can take a picture of it tomorrow since it is dark out now. The driveway settled a 1/2" to 1" in spots at the garage foundation. Small claims court doesnt require a lawyer, actually my lawyer even said it would cost more for me to hire him on then what id be going after. Yes we had a pretty bad winter this year. But the fact is, is its due to him not tampering the stone properly and no wheres states in the contract that it is not covered under warranty. So I was just asking if anyone knew of anything that I didnt that he can fall back on. My lawyers opinion on it, is that in NY contractors are liable for structural for 4 years after. He is saying that is technically structural of the driveway.

Unless the paving cannot support a vehicle, I don't see why the problem could be called structural.

"Warranty" is a noun instead of a verb, "tampering" is not synonymous with compaction and "wheres" is not a word so you should avoid using them incorrectly in your complaint, in fact, you should get someone else to write it but not your lawyer.

Landscape and site improvement work often have different warranty periods than house construction work.

This post was edited by Renovator8 on Wed, Aug 27, 14 at 0:48

Useful link by NotBob above which suggests you're past the time limit for a notice of complaint.

Under the mandatory government warranty I build under, you'd have a case if the complaint were filed within the one-year warranty period.

Tarion Construction Performance Guidelines, 2012

2K is peanuts to some, while a lot to others....but very few hours with an attorney.

Just my two cents :)

I suspect making a claim in small claims court would be a waste of time if you didn't have expert opinion and evidence to give to the judge. A contractor might be able to make you look pretty silly if you just offered your opinion. This is his briar patch not yours.

Get a few people to diagnose and estimate the remedy. In writing. If it was a negligent install, see if you can get one to show up in Small Claims Court. Or Affidavit statement? if they can't. Check procedures first.

I don't think judges in small claims court expect the parties to show up with expert witnesses, testimonies, and professionally worded statements. If you go that route, just bring photographs and documented records of attempts to solve the problem with the contractor, and any other evidence or records you have that show the work was not done correctly. Since you have been after him to make the repair since you moved in, hopefully you have kept a record of your contacts with him. I wouldn't worry about whether or not the contractor will "make you look pretty silly." Let the judge decide if you are being silly or not. Your contractor's license board might also be able to assist you ... it may be worth a phone call to find out.

I'd guess that even if done correctly, sometimes conditions are such that a failure can occur. I would be as equipped as possible in substantiating a faulty install from the get go. The more you can do to support that, the easier it will be.

A photo will only establish that the pavement settled but that is not in dispute. The judge will have to decide how much settlement is acceptable and if you don't help him determine that you can be sure the contractor will.

ditto what renovator said. You need to get the sub contractor out that put down the top coat to explain what was wrong with the 'prep' the GC did in front of the judge. The GC only contracts 'every' thing out. That sub is basically the 'expert' in this area since that sounds like that's all they do.

A small claims court is a real court with a real judge unlike the ones you see on TV. You will have a short time to present your case before the contractor responds so you must make your claim clear and compelling with a reasonable assessment of damages. Bring the contract and point out where he failed to meet its terms. Not having good technical information from a reliable witness or published source might put you at a disadvantage. Don't underestimate what the contractor will use to defend himself.

Visit the court and watch how the judge handles similar cases and what presentations are effective.

Here is a link that might be useful: HOW TO PREPARE AND PRESENT YOUR CASE

This post was edited by Renovator8 on Sun, Aug 31, 14 at 9:46