Legal Question in Construction Law in Pennsylvania

I contracted with a reputable asphalt (residential) driveway contractor and they damaged the neighbors concrete driveway which buts up against my asphalt driveway. They put new cracks in the neighbor's driveway when they were digging up my old driveway. They have not completed the project yet and I have not paid them. My contractor told me verbally that he will fix it. My question is, Should I ask my contractor for an agreement to fix the neighbors driveway? Who should sign the agreement? just me and the contractor? or should my neighbors sign this also? Should I get the contractor to sign an agreement before he completes any additional work on my property?


Asked on 8/26/15, 4:47 am

1 Answer from Attorneys
Robert Clewell Clewell Law Firm

How much damage, in dollar figures, has occurred to the neighbors driveway? Whatever that damage is, I would withhold that amount in retainage from what you owe the contractor for your project. In other words, pay the contractor for the portion of the job that includes the repairs only after they have made the necessary repairs to the neighbors driveway. I would also ask the contractor to sign a change order for the repairs needed..

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Answered on 8/26/15, 4:57 am


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