Contractor says he does not warranty

[bbenjamin21]

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

Hello everyone, I live in upstate new york. I had a home built after i had a house fire. Now it has been one year since move in back in June. My contractor came and did his "one year touchups" such as nail pops and taping. Along with those things i told him the driveway needs fixing. Where the driveway meets the garage foundation it has settled. Long story short i have been after him since then until now. After telling him i need a scheduled day by this wednesday or i will have to look into other options to get him to fix it. Well today i get a text message saying "heres a couple of pavers numbers and i hope you are not mislead into thinking we are paying for this to be fixed. I nor do any other contractors in NY warranty diveways and walk ways." Now i pulled out our contract and no wheres under the warranty section does it state those areas are not covered. As i prepare to take him to small claims court, I ask does anyone know of anything i dont know of? Im under the assumption that this will be an easy case as Im just trying to get this area fixed and no wheres in the contract does it state its not covered.

 

[bbenjamin21]

To get more detailed, Ive spoken to the contractor he subed the driveway out to and also got a quote from him to fix it. He told me that he was hired to only put the top coat down and that he sees this happen all of the time when contractors "prep" the drivway for asphalt themselves. Explaining to me that my contractor did not tamper the crusher stone down the right way which caused it to settle. Also i noticed in the warranty section it states contractor is due to come back to fix/repair any areas damages due to workmanship within the first year. To me this is his workmanship, correct?

 

[Zigner]

To get more detailed, Ive spoken to the contractor he subed the driveway out to and also got a quote from him to fix it. He told me that he was hired to only put the top coat down and that he sees this happen all of the time when contractors "prep" the drivway for asphalt themselves. Explaining to me that my contractor did not tamper the crusher stone down the right way which caused it to settle. Also i noticed in the warranty section it states contractor is due to come back to fix/repair any areas damages due to workmanship within the first year. To me this is his workmanship, correct?

If June was one year, then you may be out of luck as there was only a one year warranty.

 

[bbenjamin21]

If June was one year, then you may be out of luck as there was only a one year warranty.

Even if I tried getting him to do it before then? Its not like i waiting until now to contact him. Ive been after him since before the one year mark.

 

[Zigner]

Even if I tried getting him to do it before then? Its not like i waiting until now to contact him. Ive been after him since before the one year mark.

Do you have written proof of this? If so, then you will be in a better position.

 

[latigo]

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

Hello everyone, I live in upstate new york. I had a home built after i had a house fire. Now it has been one year since move in back in June. My contractor came and did his "one year touchups" such as nail pops and taping. Along with those things i told him the driveway needs fixing. Where the driveway meets the garage foundation it has settled. Long story short i have been after him since then until now. After telling him i need a scheduled day by this wednesday or i will have to look into other options to get him to fix it. Well today i get a text message saying "heres a couple of pavers numbers and i hope you are not mislead into thinking we are paying for this to be fixed. I nor do any other contractors in NY warranty diveways and walk ways." Now i pulled out our contract and no wheres under the warranty section does it state those areas are not covered. As i prepare to take him to small claims court, I ask does anyone know of anything i dont know of? Im under the assumption that this will be an easy case as Im just trying to get this area fixed and no wheres in the contract does it state its not covered.

It would appear that the contractor was made aware of the faulty concrete work within the one year.

If I were in your shoes, I'd get bids to replace the slab, give him a reasonable opportunity to redo the job. If he declines, which he will, then sue him and let him attempt to skirt Article 36-B of the NY General Business Law known as a "Housing Merchant" warranty that applies to the construction of new residences; to-wit.

"One year from the warranty date the home will be free from defects due to a failure to have been constructed in a skillful manner; "

 

[bbenjamin21]

It would appear that the contractor was made aware of the faulty concrete work within the one year.

If I were in your shoes, I'd get bids to replace the slab, give him a reasonable opportunity to redo the job. If he declines, which he will, then sue him and let him attempt to skirt Article 36-B of the NY General Business Law known as a "Housing Merchant" warranty that applies to the construction of new residences; to-wit.

"One year from the warranty date the home will be free from defects due to a failure to have been constructed in a skillful manner; "

Thank you for the advice. I already have a bid from the guy he had put the top coat on to fix it which is 2 thousand. Contractor was made aware, then i received the text from him saying "I hope you are not misled into thinking we are paying for this to be fixed, alls I have been trying to do is help you with contacts to get it repaired yourself. I nor does any other contractor warranty driveway or sidewalks in NY state. Im done with this issue, thanks."

He dragged this out, giving me excuses from the paver is not in town to hes been trying to call the paver but wont get a response. Until I texted him after he would not respond to my calls saying Im sick of chasing you this summer to get this driveway fixed. Then two weeks later when he finds out i got a quote from HIS guy which was not hard to get ahold of, he decided to tell me i was misled on thinking he would pay for it.