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Done wrong by blacktop contractor - what to do?

15 years ago

We contracted with a blacktop contractor in October 2007 to do our driveway at a price of $5500.00 . They told us that because it was late in the year they may not get to it until spring of 2008, which was completely understandable. In early April of 2008, I contacted them to find out when they would be able to do the job and was told that because of petroleum price increases the price would be $200 additional dollars. Once again, completely understandable. I signed a new contract for the new amount and faxed it to them. I then waited for a month(early May) and called them again. This time I was told that the holdup was because of inclement weather (we had received an unusual amount of rainfall)and that they would contact us as soon as weather cleared. They never called us so at the end of May I called again. They said that they would get back with us. They never did. The middle of June I called again and was told they would get back with us. Never did. We went on vacation for a week, came back to discover that a neighbor's driveway had been blacktopped while we were away by the same company that we were waiting on. I immediately called the company and confronted them on why this had happened. They informed me that because of oil/petroleum increases they could not make a profit from us at the amount of our quote, so they were doing jobs that would generate them a profit. I was stunned. If it had been the other way around and we had tried to break the contract, they would have probably tried to take us to court. He also said that if we would agree to a new amount of $7200.00, they would come out immediately and do the job. What should we do? Do we just forget about this company and move on? I feel like they have been totally unprofessional and and I guess I would like vindication. Any advice would be appreciated.

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Comments (4)

lucy
15 years ago
Go to the police while you still know where to reach those people - they not only have ripped you off bigtime, but their quotes ($7,200) are ridiculous! Plus they've been getting the benefit of interest on all the money you gave them. Go to court, do something now! Continuing to call is a huge waste of time as you must know by now. Never mind your neighbour.
sophiesmom08
Original Author
15 years ago
Thanks for responding lucy, but I need to clarify. No money has passed hands. Only a signed contract to complete the work. Payment was to come after the completion of the job and I'm not at all concerned about the neighbors or what they think.
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lucy
15 years ago
I guess I misunderstood - I thought they had all your money! If they don't, just let them go - they can't be the only company out there doing that kind of work - unfortunately, they're often a dime a dozen and you need to check out who you hire. It generally works a lot better if YOU make the call (to a listed co.) rather than reacting to someone who rings your doorbell. I wasn't suggesting you cared what the neighbours think, but only that whatever did or did not happen with them isn't important to what you do in the end.
pjb999
15 years ago
You've probably dodged a bullet by not dealing with them, so consider yourself lucky. I would look at other companies and go for ones with good referrals - from what I understand driveway asphalt is a racket.

I would also examine the contract carefully and maybe have a lawyer look at it, so you can confirm in writing to them that they are not interested in doing your job and the contract is null and void, and I'd document all the calls and the responses you've had, you don't want them turning up suddenly after it's done and saying "well if you have already had the job done, we want our money, we'll settle for the $5700."

As I understand how you've explained things, theoretically you are still on the hook to them if they 'decide' to do it or whatever....and I agree, from the stories I've heard, I'd never say yes to a door to door person saying "we've got leftover asphalt" or "while we're doing the neighbourhood.."

In my town there have been some fly by nighters, literally and it's not uncommon.

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