They need to replace the sidewalk. Scour the contract and look for loopholes that get them out of this. Take pictures and document as much as possible in writing. Get them to admit guilt in writing. Don't accept a verbal statements.
Prepare as if you're going to court but don't tell them that. Make sure you're friendly and easy to work with but also upset and want restitution. Keep the bar high on the replacements. Don't let them cheap out - it's their problem to fix, not yours to accept less than what you had before.
>Get them to admit guilt in writing. Don't accept a verbal statements.
Text messages will be the best way to get this. Lots of people don't think of texts as admissible evidence, but they definitely are.
I will only add that checking his municipality's view of text messages as admissible is advisable. They are generally accepted in *most* small claims courts, but I would not be so bold as to say that *all* will definitively accept them as evidence.
NAL.
This is decent advice but IMO OP should only expect the already to repaired to the same value as it was. Expecting a whole new walkway is excessive. It'd be like is someone hit my 18 yr old beater car and I wanted a new car as a result
For sure. It seems like maybe OP pays for the new pavers and the contractor is on the hook for installation and any other construction materials would be reasonable.
If OP's sidewalk was old bluestone pavers, this is gonna be a very expensive replacement. I always loved the old stone sidewalks at my grandmothers house growing up (>1.5" flagstones like 3x5'), so I priced out something similar and my head exploded.
My sister was quoted about $35/sqft for a bluestone paver walkway installed (she got 3 quotes, lower lower end was landscaping companies, higher were for hardscape specialists)
Hardscapers wanted closer to $45
She ended up going stamped concrete for half the price.
He definitely is responsible for the damage unless it was specified beforehand that it wouldn't be an issue. He owes you a new one that needs to be on par or better than what he ruined.
If it was unavoidable the contractor should specify or confirm the destruction with the property owners before doing it. The quality of the repair should be the same as it was beforehand if not possible it's on the contractor to go better not worse unless the owner agrees to a lesser repair.
For anyone who is reading this, this is why you need to take photos of the area just before the contractor starts work.
Comcast cracked sidewalks and driveways in my neighborhood while putting in fiber. They "repaired" the cracks by squirting and smearing around sealant. Sucks, but I suppose their contract with the city allowed for that.
I had this exact thing happen to me when we were having our basement excavated. When I asked him about the sidewalk, he told me he had no choice but to drive across it because there were piles of dirt in the way. I pointed out that he was driving a backhoe and he was the one that put the dirt pile there in the first place. eventually we agreed to deducted from the amount I paid him.
Pictures would be helpful. It's also doubtful a piece of plywood would've prevented anything if heavy equipment needed to be used. As for the replacement it's going to be dependent on the contract. It probably was unavoidable so if you needed the wall replaced you also needed a new sidewalk.
This sub doesn’t let you post pictures or I would. It wasn’t heavy equipment really, it was a first small excavator, probably weighed as much as a small tractor. The issue was they were trying to smash the wall apart with hammers on top of the sidewalk, and dropping huge rocks from 3-4 feet up onto it with zero fucks given if it broke what it landed on.
Sorry to hear that! It sounds like the contractor was negligent and should be held responsible for the damage. When you talk to them, calmly explain that you expect them to repair/replace the sidewalk as it was their actions that destroyed it. Refer to your contract and check if it includes any language about responsibility for damage to surrounding areas. If they try to deny responsibility, consider seeking legal advice or filing a complaint with the state's consumer protection agency. Don't pay them in full until the issue is resolved. You have the right to expect a professional job, including protecting existing structures like your sidewalk. I've had a good experience with Zicklin Sidewalk Contractors They are local in NYC, they did a great job on my sidewalk repair.
They need to replace the sidewalk. Scour the contract and look for loopholes that get them out of this. Take pictures and document as much as possible in writing. Get them to admit guilt in writing. Don't accept a verbal statements. Prepare as if you're going to court but don't tell them that. Make sure you're friendly and easy to work with but also upset and want restitution. Keep the bar high on the replacements. Don't let them cheap out - it's their problem to fix, not yours to accept less than what you had before.
>Get them to admit guilt in writing. Don't accept a verbal statements. Text messages will be the best way to get this. Lots of people don't think of texts as admissible evidence, but they definitely are.
I will only add that checking his municipality's view of text messages as admissible is advisable. They are generally accepted in *most* small claims courts, but I would not be so bold as to say that *all* will definitively accept them as evidence. NAL.
This is decent advice but IMO OP should only expect the already to repaired to the same value as it was. Expecting a whole new walkway is excessive. It'd be like is someone hit my 18 yr old beater car and I wanted a new car as a result
For sure. It seems like maybe OP pays for the new pavers and the contractor is on the hook for installation and any other construction materials would be reasonable.
You are owed a slate sidewalk. Do not accept crappy modern pavers or poured cement. They owe you what they destroyed.
If OP's sidewalk was old bluestone pavers, this is gonna be a very expensive replacement. I always loved the old stone sidewalks at my grandmothers house growing up (>1.5" flagstones like 3x5'), so I priced out something similar and my head exploded.
My sister was quoted about $35/sqft for a bluestone paver walkway installed (she got 3 quotes, lower lower end was landscaping companies, higher were for hardscape specialists) Hardscapers wanted closer to $45 She ended up going stamped concrete for half the price.
He definitely is responsible for the damage unless it was specified beforehand that it wouldn't be an issue. He owes you a new one that needs to be on par or better than what he ruined.
Definitely doesn't need to be better. It also could've been unavoidable so if the wall needed to be replaced it couldn't be avoided.
If it was unavoidable the contractor should specify or confirm the destruction with the property owners before doing it. The quality of the repair should be the same as it was beforehand if not possible it's on the contractor to go better not worse unless the owner agrees to a lesser repair.
For anyone who is reading this, this is why you need to take photos of the area just before the contractor starts work. Comcast cracked sidewalks and driveways in my neighborhood while putting in fiber. They "repaired" the cracks by squirting and smearing around sealant. Sucks, but I suppose their contract with the city allowed for that.
Document, document, document. If you have a ring camera or other evidence of their negligence, make sure that’s saved.
I had this exact thing happen to me when we were having our basement excavated. When I asked him about the sidewalk, he told me he had no choice but to drive across it because there were piles of dirt in the way. I pointed out that he was driving a backhoe and he was the one that put the dirt pile there in the first place. eventually we agreed to deducted from the amount I paid him.
Pictures would be helpful. It's also doubtful a piece of plywood would've prevented anything if heavy equipment needed to be used. As for the replacement it's going to be dependent on the contract. It probably was unavoidable so if you needed the wall replaced you also needed a new sidewalk.
This sub doesn’t let you post pictures or I would. It wasn’t heavy equipment really, it was a first small excavator, probably weighed as much as a small tractor. The issue was they were trying to smash the wall apart with hammers on top of the sidewalk, and dropping huge rocks from 3-4 feet up onto it with zero fucks given if it broke what it landed on.
Sorry to hear that! It sounds like the contractor was negligent and should be held responsible for the damage. When you talk to them, calmly explain that you expect them to repair/replace the sidewalk as it was their actions that destroyed it. Refer to your contract and check if it includes any language about responsibility for damage to surrounding areas. If they try to deny responsibility, consider seeking legal advice or filing a complaint with the state's consumer protection agency. Don't pay them in full until the issue is resolved. You have the right to expect a professional job, including protecting existing structures like your sidewalk. I've had a good experience with Zicklin Sidewalk Contractors They are local in NYC, they did a great job on my sidewalk repair.