Job done, small issues - still owe 50% - no response?

9 years ago

We had our driveway completely dug up, new base laid, expanded, and repaved with asphalt. It was over 3,000 square feet with rock blasting and on a reasonably steep incline. Total contract price was about $12k.

All of the work is done. The driveway shows a seam across its width where the workers stopped for lunch when laying the asphalt. There is also a lot of etching on the surface on the upper part of the driveway (house sits higher than the street).

It's a legitimate landscaping company (and we use them for grass cutting and winter plowing). He's licensed, insured, etc. Legitimate local business, not fly by night or anything.

I paid 50% once the base was set (it sat for three or four weeks before asphalt was poured). The other 50% was due at completion of asphalt.

When the asphalt was done I sent him an email about the issues and he came out to look at it. They tried powerwashing the etching and re-rolling the seam. It didn't work. I told him I would pay him the balance, but I'd like him to come back out to look at it and talk through the issues. Frankly, he could just tell me that "it is the way it is." I expect that resealing next spring will take care of the aesthetic issues.

I've been writing him (and leaving phone messages at his office) for over a month. I want to pay this guy. The job isn't perfect, but he deserves to be paid. But I haven't heard a peep from him in over a month - despite writing or calling every few days.

Interesting wrinkle - His company still does our grass cutting and they automatically charge my credit card each month for that. They've been coming each week and charging us just like normal. The driveway was to be paid by check, but I guess if he really wanted his money, he could always just charge my card.

We've used a lot of different landscapers over the years and these guys are very good. I want to keep using them. They are reliable and - most importantly for us - do a good job plowing our steep driveway (they come early and often, which is what we want/need).

What do you think I should do? Just hang on to the $6,000 balance and leave the ball in his court to come and deal with this? (I'm not really comfortable with that, because I don't like not paying him for the work he did.) Or send him the check in the mail and withhold something like $500 or $1,000 to cover sealcoating next spring (with an explanatory letter)?

In the end, it is just completely perplexing to me that he seems so indifferent about six grand.

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Comments (6)

violetwest
9 years ago
Sounds like they have no idea how to fix the issue. If you have a written contract of any kind, check the terms to see if there is a provision for final acceptance and approval, or anything else pertinent to this situation.

At this point, I'd hold on to the entire amount, and write the company a certified letter setting out the situation. Keep a paper trail in case this blows up into litigation.
greg_2010
9 years ago
Just hang on to the $6,000 balance and leave the ball in his court to come and deal with this?

Yep. You've made an effort so your conscience should be clean.
He'll eventually get back to you. Or he won't. Doesn't matter.
If they stop coming out to do the landscaping, then you can start trying to contact him again.

Who knows ... maybe he's had a family emergency and has been away from the office and unable to deal with things. But the day-to-day operations are still running normally.
sunnyca_gw
9 years ago
I'd write him a letter & tell him that you have always been happy with his work except on the driveway & that you would like to pay him for most of the work but are withholding $500-1000 in hopes that he will reseal it next spring & that will correct the problem at which time you will give him that amount. After all he does have to pay the men & if you only paid for materials what did men get paid with. You can mention that family or business problems can come up & are probably reason he hasn't gotten back to you but that you hope this will resolve the issue as you have been a long time customer & everything else has been very satisfactory. More than likely if they quit coming out you won't be able to get them back. He won't want a hassle. If you are somewhat letting him off the hook I think he will be much more agreeable & probably won't drop you as a customer. And being somewhat apologetic will keep him from being upset, he'll probably be relieved!
mepop
9 years ago
Who knows why he's not asking for the money???? Bad accounting practices, doesn't like confrontation, very busy or all the above.

Depending on your state laws, youÃ¢ÂÂre likely responsible to pay up to 2-3 years (or more) after their last day of work. Even if he doesnÃ¢ÂÂt ask for the money, youÃ¢ÂÂre still obligated by state law unless your contract says otherwise.

The contractual last day of work can get stretched out for a long time too. If you are contenting little fixes and they keep coming back, your obligation to pay keeps getting extended.

Hold onto the money and wait to hear from him because HE WILL CALL!!!!! THEY ALWAYS DO!!!!!
southerncanuck
9 years ago
He has to have a yard, shop etc. that they work out of. Take a drive and ask him face to face. I know you don't want to lose his other services, tough to find good people today. People don't talk to each other any longer, email, texts, voicemail. Sad.
mudhoney
9 years ago
As a contractor, I totally agree with Sunnyca. You'll both feel better about the situation. Withhold a reasonable amount for sealing. He probably doesn't know how to deal with the issue, and would rather put off having to deal with you. Unfortunately, some contractors can't deal with any kind of confrontation, they put things off, and it ends up biting them in the butt.