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Evelina · 07-26-2011, 08:37 AM

My parents had their concrete driveway done in 2008. The contractor gave a warranty for a year. After just few months, first winter, the driveway cracked in multiple places. After several phone calls and certified letter explaining the problem, the contractor refused to fix it or to issue a partial reimbursement. Can my parents still pursue reimbursement or did the statute of limitation expire? I appreciate any help. Thank you

**inspectorD** · 07-26-2011, 09:46 AM

Depends on where you live. Call a lawyer is my advice.

nealtw · 07-26-2011, 10:50 AM

There will be a testing company that tests and certifies concrete for roads and buildings in your area. Have them come out and take a core sample, they will be able to tell you what went wrong here.
Keep in mind that contracters that don't do good work always have a good understanding of laws and what they can get away with.

**TxBuilder** · 07-27-2011, 10:48 AM

You can ask questions like this at Avvo.com . I have used it a few times myself. Just include your city, st and county of residence and they will provide you with very accurate information within just a few days. Be as detailed about dates as you can.

Do you have letters to the contractor dated prior to the expiration of the warranty? This may be a determining factor- that you tried to resolve this, but he refused to hold up his end of the bargain.

Good luck.

BrianKiernan · 07-30-2011, 11:55 AM

Your states laws are going the determine the length in the warranty. I believe most are 1 year. Unfortunately I don't think there is much you can do, but if you make enough noise with maybe some bad reviews online, or maybe a sign at the end of your driveway saying you do not recommend "xyz" paving that may make him fix the problem or refund you some money.

Just a thought, please ask you lawyer if this is even legal, maybe just a letter with the threat of doing this would get some response.

I guess it would depend on how big his company is and if this would impact him.

BridgeMan · 08-10-2011, 11:11 PM

Try to think outside the box, leaving the lawyers out of the picture, at least for now. Unless your parents are wealthy.

If there is proper documentation (dated photos, copy of contract with warranty, etc.) that prove the concrete failed and is unacceptable, you or your parents should present the documentation, first to the contractor, then to the local or state licensing agency which oversees the building trades in their area. You or they will be required to complete and submit a form or forms describing the situation, and have specifics as to what is expected to make the work acceptable. And it wouldn't hurt to present their case to the local BBB, and even Angie's List--bad PR can be a significant motivator if all else fails.