Paver problems

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

I had a paver double driveway installed three years ago. Every winter beginning in the first year, the bottom of the driveway lifts. Six - ten pavers are loosened. I have called the landscaping company every year since the install and they have fixed them. This year they refused to call me back or fix the driveway. They have told me that I'm out of warranty. My questions are: 1) shouldn't the warranty start for the repaired part of the driveway after each fix? 2) Don't I have an implied warranty that the pavers will do what they were purchased to do? Be a part of a permanent driveway? 3) There is obviously a defect at that part of the driveway since it's the same area and the same pavers that lift after every winter. Is the landscaper responsible to fix the underlying problem that is causing the pavers to lift after a cold spout?

It is very frustrating and I want to hire another company to fix it but feel the original company should be held accountable since the product has never worked to what it was intended to do - be a permanent improvement to my property.What is the name of your state (only U.S. law)?

The warranty does not "renew" with each fix. HOWEVER, your argument is actually that they did not, in fact "fix" the problem when it was first brought to their attention while under warranty. As such, they should be required to FIX the problem (not just put a band-aid on it.)

You should get quotes from 2 or 3 other companies on the cost to fix the problem. Then, you can ask them to either pay the cost, or you sue them.


ETA: 3 attempts to fix the problem is reasonable, you really don't have to let them do the work again.

Your warranty does not restart each time work is done unless you pay for the work. The warranty runs from the initial install.

That does not totally remove the possibility of this being a warranty claim of some sort.

Is the landscaper responsible to fix the underlying problem

Click to expand...

that would all depend on what the underlying problem is. Until you discover that, you cannot know if it was the installers error or if there is some other cause beyond the liability of the installer.

justalayman said:

Your warranty does not restart each time work is done unless you pay for the work. The warranty runs from the initial install.

That does not totally remove the possibility of this being a warranty claim of some sort.


that would all depend on what the underlying problem is. Until you discover that, you cannot know if it was the installers error or if there is some other cause beyond the liability of the installer.

Click to expand...

That is a good point. So my prior statement should be amended to be "Assuming the initial liability for the actual problem lies with the contractor, then the OP's claim is that the pavers were never fixed when reported the first time while under warranty. Thus, this is still a warranty claim."