Slipper Posted August 12, 2013 Share Posted August 12, 2013 We live out in the country and wanted to have a back driveway put in. Our regular driveway is in the middle of a curve and it's truly dangerous to get out. The contractor was very difficult to work with. He was nice enough, but it took several weeks to come out, several weeks for a quote, several weeks to finish the job. The job was to scrape/gravel a driveway and break through some trees to attach to a gravel road behind our house. (The gravel road is private property but we have permission to use). My husband says that he specifically told the contractor that he didn't want the rain to wash the rocks into our yard and he was assured that it wouldn't happen. Originally, we had asked for a culvert to be installed and was told that it wouldn't be necessary. We had a huge rainstorm (we have several a year) and we now have rocks all in our yard. Short of picking them up individually, we can't really fix it. (And honestly, we'll probably rake or pick them up individually). We can't cut the grass in that area as it will sling gravel everywhere which will break windows. My husband is livid and says the contractor needs to come back and fix it, at no cost to us. He is really angry (unusually angry in my opinion, like something else is bothering him) and has asked me to call the contractor. Do I have the right to ask him to fix it at no cost? I plan to stall calling for a few days (I want to find a new contractor anyway) and would like some opinions. Quote Link to comment Share on other sites More sharing options...
Catwoman Posted August 12, 2013 Share Posted August 12, 2013 Yes. Absolutely. Quote Link to comment Share on other sites More sharing options...
rjand6more Posted August 12, 2013 Share Posted August 12, 2013 Yes. Do call. Give the contractor a chance to fix it. He may have an easy solution. Remind him gently that this was a main concern and he dismissed it. Quote Link to comment Share on other sites More sharing options...
magnificent_baby Posted August 12, 2013 Share Posted August 12, 2013 Yes, assuming it hasn't been that long since you put in the driveway. We had the same thing happen; we got heavy, heavy rain and it washed part of it out and sent mud down onto a neighboring street. They promptly came out to reinforce the driveway. We did other things to remedy it as well, so we weren't blaming him 100%. We paid a lot for it to be put in, and (reasonably) expect it to withstand the elements. I would also not wait on calling. Quote Link to comment Share on other sites More sharing options...
Jean in Newcastle Posted August 12, 2013 Share Posted August 12, 2013 Yes, you need to call. But. . . I honestly think your husband should call. You seem to be waffling and the contractor is not going to want to do this and is going to pick up on that and try and use it to his advantage. Also - despite it being totally unfair etc., some men in some professions (and contractors are one of them) often will listen to a man better than a woman. Quote Link to comment Share on other sites More sharing options...
Catwoman Posted August 12, 2013 Share Posted August 12, 2013 Yes, you need to call. But. . . I honestly think your husband should call. You seem to be waffling and the contractor is not going to want to do this and is going to pick up on that and try and use it to his advantage. Also - despite it being totally unfair etc., some men in some professions (and contractors are one of them) often will listen to a man better than a woman.:iagree: And also, it sounds like Slipper's dh was the one who spoke with the contractor specifically about this particular issue, and the contractor assured him it wouldn't be a problem, so her dh should definitely be the one to make the call. Quote Link to comment Share on other sites More sharing options...
gardenmom5 Posted August 12, 2013 Share Posted August 12, 2013 in your bid, does the contactor state the culvert is not necessary? (it helps if he did.) You can ask/complain to the contractor, but don't hold your breath. be VERY FIRM about what you want. tell him exactly what you expect him to do. if you can't do it - have your dh. contractors like this are often misogynistic and it may well just be better to have your dh call. call him today, tell him you will give him a week (which is generous) to come fix it, and if he doesn't (I doubt he will) I would complain to the BBB. the fact they guy was so slow about everything, should have been a flag that in his mind he's doing fine for business, and you're not that important to him as a client. eta: if you or your dh are up to it, you can sue the guy in small claims court for damages. take lots of pictures, find out how much it would cost to have professionally cleaned up if you were paying, make note that your dh specifically asked for a culvert and was told it was unnecessary. there is a cost for filing, but the judge decides that day. Quote Link to comment Share on other sites More sharing options...
Slipper Posted August 12, 2013 Author Share Posted August 12, 2013 I'm definitely going to make DH call. He hates calling, but I'm going to let him calm down (today or tomorrow) about it and talk to him about what he needs to say. The contractors around here would think less of DH if I made the phone call. The driveway was put in maybe six weeks ago, possibly 2 months. We had nothing in writing other than our notes about what we wanted done. Quote Link to comment Share on other sites More sharing options...
Catwoman Posted August 12, 2013 Share Posted August 12, 2013 I'm definitely going to make DH call. He hates calling, but I'm going to let him calm down (today or tomorrow) about it and talk to him about what he needs to say. The contractors around here would think less of DH if I made the phone call. The driveway was put in maybe six weeks ago, possibly 2 months. We had nothing in writing other than our notes about what we wanted done. I think you're doing the right thing, but I think he should call immediately, because you don't want there to be any question about when the damage was done. Besides, if your dh waits until tomorrow, he will be aggravated about it all night. If you're concerned that your dh won't say the right thing because he's so angry, write down the most important points and have him refer to them while he's on the phone with the guy. Quote Link to comment Share on other sites More sharing options...
Jean in Newcastle Posted August 12, 2013 Share Posted August 12, 2013 In my opinion, there is nothing wrong with a bit of controlled anger. It can be appropriate in certain situations and it's ok to let them know that you as the client are angry. The big question is: have you paid them in full yet? If you have, you've lost a huge bargaining chip. Quote Link to comment Share on other sites More sharing options...
QueenCat Posted August 12, 2013 Share Posted August 12, 2013 The longer you wait on making the call, the more likely the contractor will put the blame on you not caring for the driveway. Best to call today, not in two days. Plus, by waiting, you risk further damage to property. Quote Link to comment Share on other sites More sharing options...
gardenmom5 Posted August 12, 2013 Share Posted August 12, 2013 The driveway was put in maybe six weeks ago, possibly 2 months. We had nothing in writing other than our notes about what we wanted done. do the notes specify you wanted a culvert? if this was six weeks ago/two months, you need to be on top of this. Quote Link to comment Share on other sites More sharing options...
Slipper Posted August 12, 2013 Author Share Posted August 12, 2013 Yes, the notes specified a culvert. He took so long to get back with us, that he would forget what he was quoting for. When we reminded him about the culvert, he said it wasn't needed. And yes, we paid in full when he finished the project. Quote Link to comment Share on other sites More sharing options...
MomatHWTK Posted August 12, 2013 Share Posted August 12, 2013 Contracted work for homes is usually governed by specific state laws regarding the language of the contract and disclosures. My past experience has been that very few contractors know this and have solid written contracts. If you don't get anywhere with the contractor, contact your state's Attorney General office and find out what the guidelines are for consumer home improvement contracts in your state. Odds are, your contractor did not satisfy the requirements and this can be used to respond to any claims that you agreed to not having the culvert, etc. But be clear on what you believe was said and agreed to. Quote Link to comment Share on other sites More sharing options...
Harriet Vane Posted August 13, 2013 Share Posted August 13, 2013 Have your dh call. Do not wait a day or two. Call immediately. Throw your quotes and notes at him. Get an estimate for what it would cost you to have this professionally dealt with. Sue him if necessary. Quote Link to comment Share on other sites More sharing options...
Catwoman Posted August 13, 2013 Share Posted August 13, 2013 Any updates yet? Did your dh call the guy? I hope everything is working out OK and that the guy is willing to do the right thing and fix his mistake. Quote Link to comment Share on other sites More sharing options...
Catwoman Posted August 13, 2013 Share Posted August 13, 2013 Oops -- double post! :blush: Quote Link to comment Share on other sites More sharing options...
Harriet Vane Posted August 13, 2013 Share Posted August 13, 2013 Any updates yet? Did your dh call the guy? I hope everything is working out OK and that the guy is willing to do the right thing and fix his mistake. :lurk5: Quote Link to comment Share on other sites More sharing options...
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