Legal Question in Construction Law in Pennsylvania

Generally, the contract controls your relationship with the contractor, as well as his and your responsibilities. So... READ THE CONTRACT CAREFULLY !!!

That said, MOST contractor's contracts SUCK. Let me repeat, MOST contractor's contracts SUCK!!! This is generally bad, because the contract becomes ambiguous, but, there IS an up side. Where the contract is unclear or ambiguous, you can easily argue what you expected to be getting for what you are paying, and argue you expected a complete job. VERY often, contractors come back to you and say, IF you want me to do 'X', I will, but it will be an additional $X,XXX. OR, they may come back and say there is additional work required they did not include in the estimate/contract amount. in other words, bid low to get a job, then hit the owner with Change Orders(CO's), and bump up the total bill. Driveway work is relatively simple, and a little less likely to result in a bunch of CO's, but it can happen... for example: We found there are tree roots or rocks in the soil, and it will be an additional $1,000 for excavation and prep before we can finish your driveway (after your yard is torn up and they are there, and they want an answer immediately or the next day). So, #1, before you have them start work, give them a letter stapled to the deposit check, stating that:

I am not a contractor, but I am assuming that they properly inspected the site prior to preparing their proposal and contract, and that their 'contract' is for the construction of a complete driveway for $_____. If that is correct, and they can start the work on or before _____, 2014, and complete the work within 3, 4, ? days (they usually tell you it will take a few days, and it SHOULD be in the contract, but usually is not) days, then they can deposit the down payment.

You can obviously change the wording, but you should get the idea.

#2 - Put any questions or concerns you have IN WRITING!!!!!! That can be a letter, fax, e-mail, even texts if you can download and save them so you can use them later if needed. If you talk with them, afterward, you confirm your conversations in writing, by letter, fax, e-mail, even texts if you can download and save them.

Are you getting my drift? EVERYTHING must be in writing or confirmed in writing. Think about it... contractors RARELY do that, so they will NOT like you doing that, and they may ask you why you are doing it. If they do, you tell them, "(t)hat's what I ALWAYS do. I learned the hard way a long time ago that is what I need to do to avoid misunderstandings, and misunderstandings lead to people getting upset and fighting."

You can call if yo need help, my fees are quite reasonable. Good luck! --- KJB