Q: Driveway damaged by dumpster.
I hired a contractor to repair my home after a house fire. The contractor had a dumpster placed on my driveway. When the dumpster was removed the truck cracked my driveway.
The contractor claims to have reached out to the dumpster company and he claims they are not returning his calls. I did not hire or pay the dumpster company. I paid the contractor, he paid for all materials and subcontractors to repair my home.
In my last communication with the contractor I told him if I did not hear back from him I would follow up in small claims court. I have an estimate to repair the driveway from Sam the Concrete Man in the amount of $4,200.
A:
In your situation, where the contractor you hired caused damage to your property through a subcontractor (the dumpster company), you typically have the right to seek compensation for the damages. Since your contract was with the contractor and not the dumpster company, the contractor is generally responsible for any damages caused by their actions or those of their subcontractors.
Given that the contractor has been unresponsive and the dumpster company is not directly accountable to you, pursuing the matter in small claims court could be a valid course of action. Before proceeding, make sure to gather all relevant documentation, including the contract with the contractor, any communication regarding the damage, and the estimate for repairs from Sam the Concrete Man.
It's also advisable to send a formal, written demand to the contractor for the cost of the driveway repairs, if you haven't done so already. This serves as a final opportunity for the contractor to address the issue before legal action is taken and provides a clear record of your attempt to resolve the matter out of court.
If the contractor still fails to respond or refuses to pay for the damages, filing a claim in small claims court, where you can present your evidence and seek compensation up to the court's limit, may be your next step. Consulting with an attorney can provide you with specific guidance and help you understand the legal process and your rights in this situation.
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