New driveway has over 60 tire marks plus one large dip. Is 2 years old and continues to get tire marks. Have signed affidavit to fix, never did.
We had the driveway done on 7/20/2011. We paid $5100.00 cash after the job was finished. Within 3 months the driveway had over 30 tire divots all over the driveway, and a patch 30"X 12" near the garage sank 2 inches. I started calling and emailing **** 3 times a week in December of 2011. There was no response for 3 months. I figured he flew south for the winter, but maybe not. In april of 2012 I began again to call and email. It took about 10-15 tries before he responded. Around the same time I tried to patch the pit and some of the large divots. He came to see the problems in May of 2012. I asked him if this was normal, he said it was because he might have put it on too thick and the tires turing put unusual force on the driveway. Half of the tire marks are from the car sitting in the sun, (no turning). He said he is not responsible for tire marks. In june of 2012 I called many times again because of more occurring divots, 40 plus now. **** came and said again, the tire marks were not his responsibility and if he had to repair would cost him about $2000.00. He said he would fix the driveway by putting a top coat on the entire driveway in the fall of 2012. He wanted to wait for the hot summer to pass. I have a signed declaration of his intent by him. Fall,and winter of 2012 came and went. By spring of 2013, I was disgusted by the entire ordeal. It irritated and made me mad. I thought about suing for bad workmanship and negligence. I felt cheated and lied to. Over the summer the tire marks continued to appear. There are now over 60 indented divots in my driveway. I have looked at other similar driveways. They appear to be in much better condition with no indented divots or sunken areas. To me, this driveway looks to be already 10 years old after just 2 years. I wonder what it will look like in 3 years?
I feel like there is a question of trust or lack of. In the beginning, I try many, many times to get a hold of him with no avail. I let it go for months and try again in the spring. After repeated attempts **** finally ****** and pays me a visit. He says it's not his fault and leaves. A month later he comes back and says he will fix it in a couple months. He never calls or emails, and never does the work. 1 year and 2 months later after he signed a letter of intent, I file this. All I want is the driveway to be fixed. I'm not sure I trust **** to do the job, given his past record with me, and what if it is not done correctly again? Do I have to go through this again? What choices do I have? If **** will promise that this will be done correctly with ultimate guarantee, I would give him one more chance.
Business' Initial Response
I DO NOT AGREE WITH EVERYTHING HE HAS SAID. THIS COMES AS A COMPLETE SURPRISE TO ME. I ALSO HAVE PAVED A DRIVEWAY FOR HIS PARENTS, AND THEY WERE VERY HAPPY.THE LAST TIME WE MET,HE ASKED ME FOR ANOTHER PRICE FOR SOME MORE WORK ON DRIVEWAY, HE WANTED TO MAKE DRIVEWAY LARGER HE SAID HE WAS THINKING ABOUT STARTING HIS OWN BUSINESS. WE ALSO TALKED, AND I TOLD HIM ON MY CONTRACT, I DO NOT GUARANTEE AGAINST TIRE MARKS. BUT I AGREED TO GIVE THE DRIVEWAY ANOTHER COAT OF ASPHALT, AND IT WAS MY IDEA TO SIGN LETTER OF INTENT TO DO THIS.WE AGREED TO WAIT UNTIL FALL OF 2012. AND HE SAID HE MIGHT HAVE MONEY TO DO ADDITIONAL WORK ALSO. IN FALL OF 2012 I TRIED TO CONTACT HIM AND LEFT A CARD. BUT I NEVER HEARD FROM HIM. I HAVE NOT HEARD FROM HIM SINCE JUNE 2012. I HAVE BEEN WAITING FOR HIM TO CONTACT ME.IN MY ORIGINAL CONTRACT WITH HIM IT STATES WE DO NOT GUARANTEE DAMAGES FROM TIRE MARKS. AND I STAND BY THAT. BUT I WILL HONOR LETTER OF INTENT TO COVER DRIVEWAY. I WILL DO THIS WITHIN 30 DAYS OF HIS RESPONSE.