Damage Waiver and property damage

[Mike0228]

What is the name of your state? Missouri

We contracted with a roofer to replace shingles. They hired a company to deliver the shingles. The driver parked in the street came to the door and told my wife that he was delivering shingles and handed her a clipboard and said "sign here". She did and was not given a copy. She thought it was a delivery receipt. They then pulled onto the driveway and crushed 4 out of 8 pads of the driveway. Obviously the delivery receipt was acutally a damage waiver and the roofer initially declined responsibility. After several conversations the roofer offered to "fix" the driveway by having the cracks caulked. Given that the driveway is sunken and has so many cracks it looks like a roadmap this was clearly not an option (plus the driveway is only 7 years old). We filed a complaint with the BBB and the roofer told them he "offered to fix the driveway and the customer declined". Further complaints has resulted in an upcoming arbitration.

My question is obvious: How binding is this damage waiver? I feel it was presented with the intent to deceive which is easy to imply, but impossible to prove. I also feel their offer to "fix" the driveway is inherantly an admission that they are truly responsible. How should I present my case at the arbitration?

Thanks for any advice you can offer.
MikeWhat is the name of your state?

 

[seniorjudge]

What is the name of your state? Missouri

We contracted with a roofer to replace shingles. They hired a company to deliver the shingles. The driver parked in the street came to the door and told my wife that he was delivering shingles and handed her a clipboard and said "sign here". She did and was not given a copy. She thought it was a delivery receipt. They then pulled onto the driveway and crushed 4 out of 8 pads of the driveway. Obviously the delivery receipt was acutally a damage waiver and the roofer initially declined responsibility. After several conversations the roofer offered to "fix" the driveway by having the cracks caulked. Given that the driveway is sunken and has so many cracks it looks like a roadmap this was clearly not an option (plus the driveway is only 7 years old). We filed a complaint with the BBB and the roofer told them he "offered to fix the driveway and the customer declined". Further complaints has resulted in an upcoming arbitration.

My question is obvious: How binding is this damage waiver? I feel it was presented with the intent to deceive which is easy to imply, but impossible to prove. I also feel their offer to "fix" the driveway is inherantly an admission that they are truly responsible. How should I present my case at the arbitration?

Thanks for any advice you can offer.
MikeWhat is the name of your state?

Q: My question is obvious: How binding is this damage waiver?

A: My answer is obvious: You will find out during arbitration.

 

[Mike0228]

I can certainly see why this site is so popular. Your insight and advice is exceeded only by your arrogance.

 

[shortbus]

Waivers are typically enforceable. The fact that your wife didn't get a copy is irrelevant. She saw it, she signed it -- she assumes the risk of signing documents she doesn't read.

Offering to caulk the driveway is not an admission of liability. Fixing your driveway would've been cheaper for the delivery co. than going to arbitration. That's why they offered.

I wouldn't say you have a real strong case.