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What does your contract say with the owners and the sub contractor?
If you have nothing about incidental damages/ wear and tear in your contract maybe this is a good time to add it.


How is the owner responding?

How long do driveways last in your area?

Can it be repairs and seal coated or is a full replacement required?

You, the GC are ultimately responsible.

Choices:
1. Deduct money from Final invoice to owner. Problem here is they may not fix it and you get screwed out of your pay.

2. Fix it and negotiate with the other two parties, or one other party (sub contractor), or pay for it yourself.
 

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I had roof leak last year. In 21 years I've had three.

This one had severely rotten siding on doghouse dormers. We were forced (out of owners budget) to reuse the existing step flashing as residing was not an option. A couple months after I was notified of a wet spot on their ceiling. I went, tore off the siding replaced all the flashing, re-sided and had my drywall guy cut out and replace the wet drywall. $3,500 contract for roof replacement. Costs to replace roof, replace siding and drywall... $5,800. How much did the owner pay? $3,500.

This is all about doing right by the customer while not being screwed by the customer.
 

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Discussion Starter · #4 ·
What does your contract say with the owners and the sub contractor?
If you have nothing about incidental damages/ wear and tear in your contract maybe this is a good time to add it.


How is the owner responding?

How long do driveways last in your area?

Can it be repairs and seal coated or is a full replacement required?

You, the GC are ultimately responsible.

Choices:
1. Deduct money from Final invoice to owner. Problem here is they may not fix it and you get screwed out of your pay.

2. Fix it and negotiate with the other two parties, or one other party (sub contractor), or pay for it yourself.
Thanks Roofcheck. Based on when the neighborhood was built, I'd say the original driveway was 20 or 25 years old before it was resurfaced 5 years before the damage. There are other houses in the neighborhood with original driveways, so I think given the slope and general light duty, they hold up pretty well around here. So, with good maintenance, it'd last at least 20, probably more.

Whether some sort of patch is reasonable or a resurface would be the most reasonable is what I'm hoping others will sort of give me their gut check on so I can try to work this out.

If more facts will help anyone, please ask.

It's always something, but I'm hoping to find a good middle ground to resolve this so that once we get a thaw, I can focus on other things.

Thanks, again!
 

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Truck is insured, and if he didn't make the homeowner sign a waver as most companies do "not responsible for any property damage"... the insurance company will pay to replace the driveway.
 

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Truck is insured, and if he didn't make the homeowner sign a waver as most companies do "not responsible for any property damage"... the insurance company will pay to replace the driveway.
And the truck owner's insurance rates will go up and the next time (and every time after this incident) the driver will get a waiver signed.
 

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txgencon said:
And the truck owner's insurance rates will go up and the next time (and every time after this incident) the driver will get a waiver signed.
In most cases truckers always get that waver signed when delivering material on residential property... Most companies I deal with do that. In addition I make the homeowner sign the waver this way if any damage theirs homeowners insurance will cover it. If I sign it then I'm responsible for any damage if it happens.
In his case the truck driver caused the damage he should make it good. If not then it's the person in charge should use theirs insurance if they don't want to go after the truck driver or pay out of theirs own pocket.
 

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This is why I'm always very conscientious about deliveries. I always stop the driver and we discuss the situation. If my load is too heavy I won't let them roll it off. There is some responsibility on the contractors part. Maybe not from the first gouge but the second one should of never happened.
 

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Shouldn't of ever had a truck that size in a residential driveway in the first place. Get a weed burner and some sand. Heat the asphalt with the torch but don't get it so hot you burn the oil out of it. Add some sand to the gouges and use a set of asphalt tamp shoes to tamp it back in. Then seal coat it. However you work the money side of it is entirely up to you.
 

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I think I'd be calling the drivers boss and asking him what they plan on doing about the damage. Hopefully you haven't paid for all the mulch yet...
 
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