Driveway woes

[akathisa]

What is the name of your state (only U.S. law)? TN

I had an asphalt driveway put in 2 years ago. When the asphalt contractor was pouring the driveway he cracked the concrete pad my garage is on. The contractor said he would have one of his guys come out and get that fixed. We didn't hear anything else for several weeks then he stopped by, told my dad who lives next door, his best concrete guy was having some family issues and as soon as he was back at work he would get him out there. There were several other issues with the driveway that needed to be addressed also. Well we never heard back from the contractor, couldn't find him anywhere etc. We did not have a written contract. So we just wrote it off that we would never hear back from him. Then 1 1/2 yrs after the job he showed up at our house and demanded payment. We told him no that there were several issues and the concrete pad had never been fixed. We did not hear anything else from him. Then today he had the general contractor who built our garage call us and tell us we needed to pay the asphalt guy. Is there a legal reason we need to pay him since he never fixed any problems, never fixed the area he messed up and it has been 2 years since the work was done?

[Zigner]

Originally Posted by akathisa

What is the name of your state (only U.S. law)? TN

I had an asphalt driveway put in 2 years ago. When the asphalt contractor was pouring the driveway he cracked the concrete pad my garage is on. The contractor said he would have one of his guys come out and get that fixed. We didn't hear anything else for several weeks then he stopped by, told my dad who lives next door, his best concrete guy was having some family issues and as soon as he was back at work he would get him out there. There were several other issues with the driveway that needed to be addressed also. Well we never heard back from the contractor, couldn't find him anywhere etc. We did not have a written contract. So we just wrote it off that we would never hear back from him. Then 1 1/2 yrs after the job he showed up at our house and demanded payment. We told him no that there were several issues and the concrete pad had never been fixed. We did not hear anything else from him. Then today he had the general contractor who built our garage call us and tell us we needed to pay the asphalt guy. Is there a legal reason we need to pay him since he never fixed any problems, never fixed the area he messed up and it has been 2 years since the work was done?

Statute of limitations in your state is 6 years. Let the guy sue you, then counter-sue for your damages. (Your SoL to sue him is 3 years)