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Asphalt contractor issues

  • Last Updated:
  • Aug 17th, 2021 9:30 am
[OP]
Newbie
Aug 9, 2021
10 posts
1 upvote
When you pay 5k to replace a huge driveway because of cracks and 8 months later you find a crack in the same place, then come and show us your nasty attitude ....
Deal Addict
Oct 24, 2010
2657 posts
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Ottawa
Davidbuccica wrote: When you pay 5k to replace a huge driveway because of cracks and 8 months later you find a crack in the same place, then come and show us your nasty attitude ....
If you think he should fix it and he won't, your only choice is to fix it yourself or hire another contractor to re-do it.

In tandem, you can take him small claims court, but it'll probably cost you more than it's worth.

Not sure what else others here can help with.
[OP]
Newbie
Aug 9, 2021
10 posts
1 upvote
When you pay 5k to replace a huge driveway because of cracks and 8 months later you find a crack in the same place, then come and show us your nasty attitude ....
Deal Addict
User avatar
Feb 17, 2015
1152 posts
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90.00° N, 135.00° W
I feel your dissapointment. The best thing to do now is name the contractor here so nobody will get their services in the future.
Davidbuccica wrote: When you pay 5k to replace a huge driveway because of cracks and 8 months later you find a crack in the same place, then come and show us your nasty attitude ....
Penalty Box
Nov 21, 2013
8128 posts
9301 upvotes
Montréal
Dynatos wrote: If you think he should fix it and he won't, your only choice is to fix it yourself or hire another contractor to re-do it.

In tandem, you can take him small claims court, but it'll probably cost you more than it's worth.

Not sure what else others here can help with.
Small claim court is a tiny $102 in Ontario to fill a claim...
[OP]
Newbie
Aug 9, 2021
10 posts
1 upvote
I'll go that way, but do you know how many times should I proove that I tried to contact him before my case can be considered?
Deal Expert
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Feb 11, 2007
19738 posts
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GTA
Davidbuccica wrote: When you pay 5k to replace a huge driveway because of cracks and 8 months later you find a crack in the same place, then come and show us your nasty attitude ....
Are you referring to me? Or someone else?
If the women don't find you handsome, they should at least find you handy.
Deal Addict
Aug 29, 2019
1004 posts
454 upvotes
DoorCrasher wrote: Small claim court is a tiny $102 in Ontario to fill a claim...
Guys small claims is not what you think. You wont be successful even if the contractor does a mediocre job. There's no perfection in construction, if it's acceptable and usable you aren't likely to win because of a small crack.
Deal Addict
Aug 29, 2019
1004 posts
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Davidbuccica wrote: I'll go that way, but do you know how many times should I proove that I tried to contact him before my case can be considered?
David, I highly suggest you get a second opinion. You might just find that cracks 8 months later are normal.
Deal Addict
Aug 29, 2019
1004 posts
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engineered wrote: Are you referring to me? Or someone else?
He's talking about his contractor. I think his contractor came but thinks he's being unreasonable by the sounds of it.
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May 18, 2015
1780 posts
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Ottawa,Ont
Davidbuccica wrote: When you pay 5k to replace a huge driveway because of cracks and 8 months later you find a crack in the same place, then come and show us your nasty attitude ....
I think the problem is that you paid 5k for a 'huge' driveway. Thats cheap for a huge driveway. The best repair that you can get is for him to come back and torch it really hot and then re-roll it. But just putting in some crack filler is a decent second place option. It sounds more likely that you have tree roots, a water line or a gas line in this location tho. If thats the case you always get cracking.
Penalty Box
Nov 21, 2013
8128 posts
9301 upvotes
Montréal
Katedontbreak wrote: Guys small claims is not what you think. You wont be successful even if the contractor does a mediocre job. There's no perfection in construction, if it's acceptable and usable you aren't likely to win because of a small crack.
And what is your point? Small Claim Court in Ontario is little $120 to file a claim, wheter it is successfull or not. i am not suggestions OP to sue the contractor at the Small Claim Court for a tiny crack, I am just replying to te other member. Personally, I'd fix this myself. There is absolutely no issue with this driveway, especially if it's a "huge driveway" and only
$5K been charges. My neighbour paid double for a 3 cars driveway, 2 years ago. Nothing "huge" in a 3 cars driveway. For sure he got lower quotes. You always end up getting what you paid for. $5K for a "huge" driveway is wheter a bargain, or paying for a bad job. OP does not even know if there is a warranty... It is "supposed" to, as he said...
Deal Addict
Aug 29, 2019
1004 posts
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DoorCrasher wrote: And what is your point? Small Claim Court in Ontario is little $120 to file a claim, wheter it is successfull or not. i am not suggestions OP to sue the contractor at the Small Claim Court for a tiny crack, I am just replying to te other member. Personally, I'd fix this myself. There is absolutely no issue with this driveway, especially if it's a "huge driveway" and only
$5K been charges. My neighbour paid double for a 3 cars driveway, 2 years ago. Nothing "huge" in a 3 cars driveway. For sure he got lower quotes. You always end up getting what you paid for. $5K for a "huge" driveway is wheter a bargain, or paying for a bad job. OP does not even know if there is a warranty... It is "supposed" to, as he said...
You can be ordered to pay costs to the other side if you lose. If they hire a lawyer or paralegal, it could be thousands of dollars plus hundreds of dollars in disbursements.
Penalty Box
Nov 21, 2013
8128 posts
9301 upvotes
Montréal
Katedontbreak wrote: You can be ordered to pay costs to the other side if you lose. If they hire a lawyer or paralegal, it could be thousands of dollars plus hundreds of dollars in disbursements.
This is if the defender goes through all the process AND if the Judge decides to. The judge might order the person you are suing (“the defendant”) to pay some of the costs if you win the case. If you lose, you might have to pay your own costs and some of the defendant’s costs.. SOURCE: https://www.ontario.ca/page/suing-someo ... aims-court Often, for small cases like the one we are talkning about, issue is solved without having to go to Court. And, again, I DID NOT RECOMMEND (caps because you do not seem to understand why I said that filing a claim is only $102) to go to Small Claim Court for a tiny crack in a ''huge''driveway. Now, case closed.
Deal Addict
Aug 29, 2019
1004 posts
454 upvotes
DoorCrasher wrote: This is if the defender goes through all the process AND if the Judge decides to. The judge might order the person you are suing (“the defendant”) to pay some of the costs if you win the case. If you lose, you might have to pay your own costs and some of the defendant’s costs.. SOURCE: https://www.ontario.ca/page/suing-someo ... aims-court Often, for small cases like the one we are talkning about, issue is solved without having to go to Court. And, again, I DID NOT RECOMMEND (caps because you do not seem to understand why I said that filing a claim is only $102) to go to Small Claim Court for a tiny crack in a ''huge''driveway. Now, case closed.
Chill.

Based on what he showed us, I don't think he will win. A contractor only has to do average work. I believe if he called 3 other paving companies for a second opinion, they would all agree with the driveway being acceptable.

For instance many paving companies address cracks on their websites because it is expected.

https://allaboutdriveways.com/asphalt-d ... ay-cracks/

The burden to prove deficencies is HIGH.

I didn't mean to suggest you were absolutely suggesting small claims, but I more or less intended my post to be a public service announcement for all in a similar case thinking of suing a contractor for deficencies. So that they consider it very carefully because it is not an easy road.
Deal Addict
Aug 29, 2019
1004 posts
454 upvotes
engineered wrote: Did they lay a new base down and properly compact it?
Is there tree roots growing under it?
The reason the crack is appearing in the same place is explained here.

http://asphaltmagazine.com/understandin ... explained/

Even the very act of your car driving onto, sitting on and driving out of your driveway will cause cracks. If there were many cracks like a broken vase immediately after the job, maybe we can assume something was wrong with the contractor's work or materials he used, but after 8 months, a small crack in an area known to crack previously, it's probably from normal wear and tear.
Penalty Box
Nov 21, 2013
8128 posts
9301 upvotes
Montréal
Katedontbreak wrote: Chill.

Based on what he showed us, I don't think he will win. A contractor only has to do average work. I believe if he called 3 other paving companies for a second opinion, they would all agree with the driveway being acceptable.

For instance many paving companies address cracks on their websites because it is expected.

https://allaboutdriveways.com/asphalt-d ... ay-cracks/

The burden to prove deficencies is HIGH.

I didn't mean to suggest you were absolutely suggesting small claims, but I more or less intended my post to be a public service announcement for all in a similar case thinking of suing a contractor for deficencies. So that they consider it very carefully because it is not an easy road.
Please please please stop quoting me with replies saying that you don't think he will win. I don't think neither that he have any chances to win. Again, in CAPS: I NEVER SUGGESTED, SAID, TOLD, WRITE, PROPOSED OR ASKED OP TO GO TO SMALL CLAIM COURT. Going to court for a small crack un a driveway is a WASTE if ressources, money and Time. OP should go to Home Depot (or wherever YOU suggest him, as you try to look like a driveway and asphalt pro) and Buy crack filler (or whatever product you suggest him)

Again, stop quoting me when I am not involved un the discussion. M'y account gone notifies me each time and I have nothing to with it. Said, and done.

God, some girls just don't understand. Is it m'y English that is that bad? Again I NEVER SUGGESTED OP TO SUE THE CONTRACTOR AT THE SMALL CLAIM COURT, I DID NOT
Deal Expert
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Feb 11, 2007
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GTA
Katedontbreak wrote: The reason the crack is appearing in the same place is explained here.

http://asphaltmagazine.com/understandin ... explained/

Even the very act of your car driving onto, sitting on and driving out of your driveway will cause cracks. If there were many cracks like a broken vase immediately after the job, maybe we can assume something was wrong with the contractor's work or materials he used, but after 8 months, a small crack in an area known to crack previously, it's probably from normal wear and tear.
How is it explained there? I see some possible explanations, but not all. Tree roots isn't even listed as a possibly cause.
Driving on it itself isn't going to cause cracks. My asphalt has no cracks.
If the women don't find you handsome, they should at least find you handy.
Deal Addict
Aug 29, 2019
1004 posts
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engineered wrote:
Driving on it itself isn't going to cause cracks. My asphalt has no cracks.
Allegedly parking your car on it, driving on it and winter weather can cause cracks. Tree roots are consider vegetation related cracks along with weeds and grass. Allegedly grass growing beside the driveway can even lead to cracks.
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Feb 11, 2007
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Katedontbreak wrote: Allegedly parking your car on it, driving on it and winter weather can cause cracks. Tree roots are consider vegetation related cracks along with weeds and grass. Allegedly grass growing beside the driveway can even lead to cracks.
Sure, those are all possibilities. We don't know what caused OPs crack.
If the women don't find you handsome, they should at least find you handy.

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