suing contractor for unhonored warranty

[rissado]

Had our driveway laid in 2007, within 2 months there was a big crack on 1/3 of our driveway and the middle of the driveway sagged (collecting water and not running off). the company did not put the warranty on the contract but said that it was a 2 yr warranty on all their work. They came out and said that they would have to replace 2/3 of our driveway and now it is a year and a half later and still didn't do it. they kept saying they'd be out but never showed. I wrote the BBB trying to conclude this but they lied and said we didn't have warranty. we recorded about 4-5 conversations and on the audio he aggreed that we have a 2 yr warranty and he aggreed that he said he'd be out to fix, also some of the later ones he says that he gave us a good deal and just deal with it and also one where he hung up on us. Question is can i use the audio tape in court and prove that he gave us a 2-yr warranty, and also get all the money back that we gave him? (got an estimate to fix driveway 3500 and that's what we paid the first company)? thanks for all the help!!!!!

 

[ndragon]

Verbal agreements are admissible in court. The catch is that a small claims judgment can only be awarded for monies, not services.
Write the contractor a letter stating your intent to take legal action if he doesn't honor his warrantee. Make copies of the recorded conversations and include them with the letter.
If he still refuses to replace the driveway, sue the contractor for the cost of having it replaced by the other company and site his failing to honor his warranty as cause. Get quotes from no less than three contractors on the cost of repairing/replacing the faulty driveway.
Good luck.

-Nick