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Discussion Starter · #1 ·
For starters I have this in my estimates

“Existing landscaping damage - Some projects require the use of delivery and bin trucks on a concrete or paved driveways. By agreeing to the estimate, you take all liability for any damage caused by the use of delivery vehicles on your property. Please ask about alternatives if you are worried about the integrity of your driveway and we can discuss other options.”

I don’t know if that really holds any legal weight but the company delivery my excavator may have put 4 little 1/2” dents on asphalt driveway about 40x10 total square footage.

client was upset and delivery people didn’t admit to anything so I offered to patch, now I’ve been back out 2 more times to top up the patch and he is talking about a $3000 driveway replacement that an asphalt company told him is necessary to make it all match. Driveway is a year old, seems really soft if the 1.7 tonne excavator with rubber tracks did that.

this is 2 of the little dents after I put epoxy shield the first time.
Road surface Asphalt Grey Font Tar
 

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Discussion Starter · #4 ·
As a homeowner, I would get angry every single time I looked at that.

I doubt I'd demand an entire new driveway, but everyone would hear about who screwed up my driveway.

That's all I got. No idea what to suggest that you do or don't do.
he knows I definitely didn’t do it, I don’t even know if it was there before but I ran my excavator across the driveway once with plywood. I am not sure if the towing company did it. That’s why I have the liability thing in there, we almost always have to use the customers driveway and we’ve had a brand new concrete driveway slip right down the middle before, obviously after telling them and agreeing to contract with my driveway damage clause.

I would probably be a bit upset too but a driveway doesn’t stay nice forever.

i dont Know about seal coating it for him since it’s probably something he would do anyway next year but may consider it even though I am not sure what happened.

It’s also a client who booked a job and when I contacted them (showed them copies of my emails) to start they never replied and called 7 months later asking what happened, so they already roped me into taking a loss and holding the price
 

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Discussion Starter · #6 ·
I’d tell them to pound sand.
honestly that’s what I was hoping to hear but wanted some other honest feed back.

not that these are bad clients are anything but I was really pressured into holding last years price and I did it at break even which they knew and didn’t care. My material cost was more than the quote from last year so I charged exactly what my materials cost.

if someone’s car gets dinged, you have to fix it but you might be able to tell the paint isn’t a perfect blend.

I am going to do a 4th patch up because I guess it’s sunken half a millimeter still but really looking for a nice way to tell them I don’t think anything further is fair. Maybe $200 towards their next sealcoat, which they are already getting because there is one more job I offered to do slightly discounted because of the dents.
 

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Ok wait...
They called you 7 months after the damage happened?
And you just patched it after that call?
 

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Discussion Starter · #8 ·
Ok wait...
They called you 7 months after the damage happened?
And you just patched it after that call?
no, last September I made a post about a few jobs I had scheduled where I couldn’t get in touch with them when it was time to do their job.

then in I think in May, they called asking why I haven’t come to do the job yet and were upset when I said I can’t hold the price. I ended up doing it at breakeven just to be nice I guess, even thought we had the whole year booked already I did it myself on a couple weekends.
 

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Discussion Starter · #9 ·
I did an experiment where I didn't take deposits for 4 jobs last year and pretty sure 3 of them it was that ghosted me when I said I was ready to do the job, maybe they had someone lined up for less who never came through
 

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no, last September I made a post about a few jobs I had scheduled where I couldn’t get in touch with them when it was time to do their job.

then in I think in May, they called asking why I haven’t come to do the job yet and were upset when I said I can’t hold the price. I ended up doing it at breakeven just to be nice I guess, even thought we had the whole year booked already I did it myself on a couple weekends.
Ahhh, yes.
No good deed goes unpunished.

I'm not sure what to tell you in ways of what to do but here's what I think:
A patch is a patch, at least with asphalt and in my experience there doesn't exist a way to make it look like it never happened... That being said patches are always noticeable, yours is no exception.

But is it worth $3000 ?
Not to me.
It would be sort of like wanting to have my whole car replaced because someone put a hammer through the windshield.
As to what it's worth...

Several hundred, if you ask me.
But I could be wrong, I just don't see it being worth $3,000 either.
 

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Problem with the windshield analogy. The windshield can be replaced independently of the rest of the vehicle and its back to new.

These driveway dents can't be replaced independently of the rest of the driveway. The only way back to new is driveway replacement.

If I remember correctly I think there is a seal coating forum on this site. Perhaps post there for alternate solutions.
 

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I'm not exactly sure what I would do in this situation. It's highly unlikely I would replace an entire driveway.

What I can say is that moving forward you should add a clause to your contract stating that if there's any damage to the driveway it will be patched and the patch may not match the color of the existing driveway.
 

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I “feel” like your original clause is clear enough and vague enough to have covered this. Guy can definitely be pissed- has every right to. But I’d imagine some of that come from that clause- I always assume if I see something, someone else does; I think he’s seeing that he might be SOL and just leaning on you. The months delay WITH a “hey it was you not me” statement to me says it all.

edit: fwiw I probably would have patched it as well. But this definitely opens the door and I would expect him to ask for more- I wouldn’t offer any discounts on future services just gotta draw the line and if he’s not happy, move on. You’ve definitely done your end, plus
 

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It's not a perfect world. i would like to have a perfect driveway. i would like to have a perfect door.

I get the home owner, I'm the same way. I like my stuff perfect. It bugs me when it's not.

But in reality, minor imperfections will appear. We can't expect new stuff everytime it gets a minor imperfection.

Now if the driveway was harmed in such away it greatly distracted from it's look or was made unuseable, homeowner would have a case.

You're not even sure who did it.
 

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Discussion Starter · #19 ·
The clause is in my contract but I should probably just make it more clear and separately bring that part up because not everyone reads it.

there is a cost to doing work and not touching the driveway like plywood the whole thing but usually not worth the cost.

milder asphalt wouldn’t dent but this was new enough I guess still too soft
 

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The clause is in my contract but I should probably just make it more clear and separately bring that part up because not everyone reads it.

there is a cost to doing work and not touching the driveway like plywood the whole thing but usually not worth the cost.

milder asphalt wouldn’t dent but this was new enough I guess still too soft
It happens I think you're covered but probably for good will and reputation you did the right thing imo

I've seen a dumpsters wheels leave ruts in a new parking lot

The asphalt company fixed it and I'm sure it was just where the damage was

They definitely didn't redo a parking lot
 
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