Don't pay them a penny.

If you're okay with just moving forward with your plan, then continue to get bids.

If you decide not to do the job at all, then you could probably sue this company for some compensation since they damaged your property. Contact a lawyer if you'd like to go this route.

You could even contact the police for destroying your property?

Jeez! Was there a language barrier? I can't imagine a company being so out of line as to go ahead and tear up your driveway.

Any chance your miscommunicated?

Don't pay them a penny. Photograph and document everything.

Let us know what happens!

Thanks. I did tell the company that I would not pay them anything, and if they hasseled me at all I will file a police report. I have an email trail that show us communicating which shows that I told them I'm still deciding between contractors, and not to schedule the job. They just screwed up.

Well, good luck from here on out.

Maybe report them to the BBB. Have you looked them up and read reviews?

I wonder if they've done this before.

I heard stories before about entire houses mistakenly demolished. At least it's not that bad. I am not going to pay the company anything for this unordered demo, and I'm not going to hire them to lay the new driveway. If they don't hassle me, I'm inclined to not file a police report. Is that the right approach, or should I file one so I have a record of the situation?

Technically they potentially owe you the driveway as while maybe needing repair it was still serviceable and now not so much..................

Well, they did destroy your property, and I would really wonder if they've pulled this stunt before.

Have you Googled them to see reviews on Yelp, Angie's List, BBB?

I probably agree with filing a police report. You do want to talk to an attorney. The company that demoed your drive can lien your house. I had a guy forge a signature once after he milled custom woodwork that was quoted but not ordered. I'm not suggesting you be confrontational, just "cover your bases" now by talking to a lawyer.

Your attorney will probably, at a minimum, seek a release of lien from the company that demoed the drive. The company that demoed the drive does owe you a drive, so you do have leverage to get a letter admitting their mistake.

I also agree with moving ahead with bids. Although now you may have other companies reluctant to give you quotes.

My driveway is all cracked up and half way hauled away

I think I'd tell them to finish the demo (on their dime) and then you'll forget the whole situation. With some signed documentation to show that they aren't owed any money.

Ok, I have a message in to the company asking them to do the lein release for me. If they do that I'm inclined to not file a police report. If he says he does not want to give me the lein release then I guess I should file a police report. I've never done a police report before. This is really bizarre.

I'm sure it was actually an accident and nothing malicious (ie. some hair-brained scheme to force you to use them), so I imagine they'll be bending over backwards to make this situation go away, so I wouldn't worry too much.

If you can get them to finish the demo (for free), then this whole situation might actually save you some money because your bids will no longer have to include that item.

I would file a police report. This is probably a scam that has been executed by this company across your town. I would also sue them in court for the cost of replacing the driveway. You had a driveway before and you should have a driveway afterwards. I am not sure why you would let this scam go forward?

ill tell you what, I gotta know if this is indeed a scam tactic or an address typo. What nerve if it is a seasoned scam and yes it must be stopped.

strayerdarb, im admiring your lax stance and calm demeanor!

Oh, I did tell them to finish (it was about 80% dug up when I got here). At first I told them to stop so I could talk to them and find out what company it was and who to call, etc. Then I told them to finish so that they could haul all the broken parts away and clean up so it would be safe to walk on to get to the street. So it is all completely gone now. I have a landscaper here now measuring and taking pictures so we can proceed with the work of putting it back and other landscape tasks we were planning to do.

I talked to a relative who is a lawyer who said to ask for the lien release which I did. But they also said that I actually could sue them and probably they would have to build me a new driveway for no charge. But the problem with that would be that we no longer want plain concrete and this company is not a specialist in pavers. Once DH and I started figuring out that we probably want pavers, I pretty much knew I wasn't going to hire this company anyway. I was getting bids from companies that specialize in pavers. For that reason suing them to put my driveway back doesn't make sense.

They said yes to the lien release and that I will have that by the end of today. I talked to a police officer and he said I can file a report if I want to (I think he said tresspass, destruction of property), but I didn't do it yet. I'm unsure if I would want to do that. Would it be important for any other reason other than if I did plan to sue them? I don't understand the law, suing people and all that. I'm inclined to be happy that whoever I do hire to build my new driveway just won't have to charge me for the tear-out portion.

The owner of the company has apologized, said that he miscommunicated with his crew and scheduled the job accidentally. I think this was just a horrible mistake; he's getting older and maybe he just got me mixed up with someone else. Of course there was no contract, nothing signed or said to start the job, etc. so I don't understand how exactly he could do this mix up, but I actually think it was an honest mistake. A bad mistake, but I don't think it was an intentional act.

If it was indeed an error as simple as miscommunication I commend you furthermore for your handling of it..

Part of the bigger problem in these USA days is the type of folks that would see this as an oppty to sue and profit..

On the slim chance it is a pattern id want to know for sure and would report it quickly.

Ill tell u what I like your attitude.

If you get the lien release I wouldn't worry about it any further, just move forward with your chosen company. If you don't get the lien release, I'd probably file the report just to have it on record (not technically required, since you have pictures and emails. Do write yourself contemporaneous notes -- "he said it was a mistake" "he said I'd have a lien release by the end of the day", etc. - of every conversation with him.

I am going to be the skeptic here and say you are not going to get a lien release for this company. I hope optimism prevails but that is my impression so far. Something does not pass the smell test. If you spoke to the police, you at least have a record of who you spoke to and can file a report later. I think this is scam and the company has been doing this before. Can I ask if you are an older couple? I see this happen in my neighborhood all the time. Once an unscrupulous company gets a hold of an older couple, they and all their friends get involved in all sorts of projects on the couples property. I hope that is not the case with you.

Best of luck!

No we're not older, but I understand what you are saying. I am waiting for the lien release. If I need to I will file a police report. I'm sure they will be better than me at investigating if this is a scam or not.

I don't even see how this 'scam' would even work. I think they'd get sued way more often than they'd 'win' a job. It would be a net negative for the scam artist so it wouldn't be a very good scam.

Plus, the scam artist wouldn't be admitting that they made a mistake. They'd be continuing to pressure their mark into paying.

I see this happen in my neighborhood all the time.

This exact 'scam' or just in general trying to pressure people into paying for something that they don't want?

This happened to my cousin in Florida and it was indeed a scam.

My attorney family member just recommended that I write a letter to this business owner documenting everything that has happened, including photos, copies of all my texts and emails that have been written since. I actually have an email from me a few weeks ago saying I'm not ready to do the work yet, to not schedule it, and that I'd be in touch later.

I guess as a way to document the whole situation. That's what I thought the value of a police report would be to me. So perhaps this is a good recommendation. Still waiting on that lien release. It's 2:07 pm central time.

Also my attorney family member recommended that tarps be laid over the dirt from now until we are able to get the new one built (waiting for city permit/approval of the materials). She said that I have a responsibility to mitigate further damage, such as when it rains, mud could run into the street and someone could slip or a car could hydroplane. So I told the business owner to arrange this. He agreed verbally, but we'll see if he does it. It's a huge driveway, will take a lot of tarps.

I'm not going to sleep well til the new driveway is built.

"This happened to my cousin in Florida and it was indeed a scam."

But how? Was it after a storm and homeowners were in a bad/urgent situation? I could see someone trying a scam when homeowners have a leaking roof or there is some urgent situation going on. It seems like it would be easier for the scam to succeed in a more chaotic situation.

Just curious if you got that lien release yet?

Yes I did. I'll have my family member who is an attorney look at it to make sure it's legit. No new driveway yet - waiting on city approval of material. Since I wasn't planning on losing the driveway on Thursday, things weren't lined up properly, thus, waiting for city permit bc we're changing the materials.

@strayerdarb: "Once DH and I started figuring out that we probably want pavers, I pretty much knew I wasn't going to hire this company anyway."

I have a large paver patio and side walk. After several years you will battle weeds and moss.

My driveway has stamped concrete around the boarder, with the center being conventional concrete. Everyone thinks the stamped, colored border are pavers.

Another thing, in the winter, pavers may be more difficult for snow removal.

geoffrey_b I've never heard of stamped concrete. It looks amazing. We really should redo our driveway and I love the look of pavers, but don't want to pay for them.

Regular black madadam is boring but functional.

I'll have to see if anyone does the stamped concrete by me and get an estimate.

Then hope they don't rip my driveway out without my permission!

Lots of good advice here. Looks like you handled it well. I had a similar situation, and I compiled every email I had along with phone records, photos and anything else I could find. I also wrote a letter to the company detailing everything and summarizing our agreement and sent it certified mail. I have everything in a little binder all nice and organized should I need it in the future. So far so good (it's been almost 2 years now)

Is there a Best Of Houzz Button? I told everyone in our office about this... wow. just wow. I would love to have you as a client, strayerdarb.

The concrete plus stamped concrete trim sounds best to me. Neighbors with pavers are needing repairs every spring. (We require snow removal here.) Our Brussels Block terraces laid in sand, not silica, had to be re-set.

We are in the Gulf Coast area, no snow here. I got a really nice design for entire front yard including driveway from a full service landscape company. It's pricey. I'm bidding it out to other companies now. Trying to move forward as quickly as possible due to giant dirt yard in front. The plumbing project (trenching/laying pipe; the original reason we knew we'd need a new driveway) is done, so now we can move forward with rebuilding.

Did you pay for separate design services from the landscape company?

Guess you didn't and your're shopping around their intellectual property without compensation.

Yes, I paid for their design services.

Wow, SW. Yet again you've made an assumption without basis and a rude comment.