I had a bluestone walk put down last fall and the material between the bluestone plate is falling away leaving gaps between the bluestone plates. When probed, it seems that there is a lot of empty space under the bluestone suggesting improper preparation of the ground before laying down the bluestone. I had called the people (It’s a corporation) who did the work and they came over to repack the spaces bit the repacking fell right thru. They now will not return my calls. They also promised to put down mulch in the spring (I have a letter from on company letter head) which they have not done. The walk cost $3500 and the mulching probably $100. I am proceeding to sue them in small claims court. (He owns the corporation) and if I have to get another contractor to verify my claim or will pictures do.
Picture will do. Ask for enough money for a different contractor to come in and make the repairs. The cost may be upwards toward the initial costs, since they may have to pull out and then reinstall the plates.
You sue whoever you had the contract with. You would be better off if you had your new contractor to testify as to the quality of the work and the defects
You will likely need another contractor t testify that the work was defective. You should sue them both. Technically, you one responsible is whoever you had the contract with, which is probably the corporation.
I would suggest suing the corporation. In this case that is the worker's employer and in New York, the employer is responsible for the negligence of its workers as long the negligence is within the scope of the employment. In this case, it sounds like it is.
If the agreement is with the corporation, then only sue the corporation. The corporation will be held accountable for any representations made by its president.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.