Legal Question in Construction Law in Virginia

contractor damages driveway during pool removal

I made a verbal agreement with a contractor to fill in our in-ground pool with dirt, remove extra concrete from the perimeter, and to grade and seed the area. During the work, his dirt trucks badly crushed a large portion of our driveway. I told him I would not pay him for the job until the driveway was repaired. He said he will take me to court. Is he legally responsible to fix the driveway?


Asked on 10/02/05, 8:32 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: contractor damages driveway during pool removal

Yes, the contractor is responsible for paying for any damage that he caused to your property while filling in your swimming pool. And you are responsible for paying the contractor for the value of the work he performed in filling in the pool.

If the contractor continues to refuse any compromise on the matter, you would be well advised to get at least two estimates for the cost of repairing the driveway.(Take a couple of pictures to give to the estimaters). Present the estimates to the contractor with the proposal that he either take care of the driveway repair himself or accept a reduced amount for the fill job(discounted by the amount of the lowest estimate). If he refuses your proposed settlement and takes the matter to court, keep your estimates handy as the judge will likely do a setoff at that time in his/her dispositional ruling.

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Answered on 10/02/05, 9:50 am


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