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Construction Law/A poorly poured driveway

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Question
I recently hired a contractor through a service called homeadvisor to tare out and replace my driveway, side walk,patio and retaining wall.The work is less then 6 months old and the wall and patio is cracked theres dips in the driveway, and the waters flows down in the wrong direction then I was told it would.I paid the contractor in full 14,000 dollars. Since the defects appeared I tried to reach my contractor with no results, so I reach out to home advisor and they were not able to reach my contractor so they said that they would repair up to 1,000 dollars and anything after is my responsibly which does not even come close to the cost to repair it. Its the begining of winter and know it will be 10 times worse by spring.I honstly cant afford to fix it what can i do?

Answer
17-Jan-2013
Dear Eric,
Thank you for the inquiry.  I hope that you have a formal contract signed with the contractor who came referred to you through “HomeAdvisor” services.  http://www.homeadvisor.com/rated.ContractorServices.17555909.html.  You could connect with the Secretary of State office, Office of Consumer Protection and look up the contractor’s record.  You could file a complaint with the Consumer Protection office, and the State folks will put some pressure on the contractor to repair defective work, as well as a separate pressure on HomeAdvisor.  From just looking at their website I could surmise that this is NOT a simple referral service, but the contractor itself, or maybe they hire specialist contractors as needed but act as a front on their service contracts with customers.  In any event, HomeAdvisor may be forced to pay the entire cost of repairs – above $1,000 - because of their presence on the Web and specific assurances of quality.
Also, you can file a complaint in Small Claims Court for the repair costs.  Although I do not know what the maximum amount for a Small Claim action is in Illinois (varies between states $2,500 – 5,000), you do not have to have a lawyer to represent yourself in the Small Claims Court.  And the folks at the Small Claims Court are usually very helpful in filing applications.  Similar action can also be filed against the Home Advisor for the entire amount of the cost of repair, not the $1,000 limit.  Unfortunately, there is not a whole lot I could think of, in order to relieve your frustration and effectuate repairs.
Respectfully,
Gerry Sverdlin, PE, Esq.  

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Gerry Sverdlin

Expertise

Questions I can answer or provide assistance to reflect the following subjects: contract terms and conditions, interpretation of ambiguity, construction management and practices, claims for costs and time, variation / change orders, disputes, dispute resolution techniques and organizations, claims for extra work or materials, delay analysis, disruption or interference, defective design and negligent supervision, construction risks and mitigation, warranties and insurance. Questions I can NOT answer: too numerous to list here.

Experience

Mr. Sverdlin provided over 20 years of services in dispute resolution and expert opinion of complex construction claims for extra work, delay & acceleration, defective design & installation, unauthorized deviations, differing site conditions, productivity loss, labor & material shortage, owner’s interferences, force majeure, bonding, warranties and insurance coverage. Mr. Sverdlin participated in dispute resolution proceedings regarding 10 mile sub-aqueous outfall tunnel at Deer Island Treatment Plant – Boston Harbor Project, and claims arising out of construction of the South Boston / South Bay Interchanges for the Central Artery/Tunnel Project in Boston, Massachusetts, USA, and multiple proceedings Middle East. Specialties: Mr. Sverdlin established expertise in construction contract preparation under EJCDC, AIA, FIDIC and agency-specific bespoke contract frameworks: procurement administration, resolving defects in scope of work coverage, specification and estimates, change order processing, project controls & cost recovery. Engineering practice encompasses design & procurement management of highway & rail transportation systems, wastewater treatment and drainage networks, key performance indicator regimen.

Organizations
2011 - CIArb Member Grade 1999 - Attorney at Law – Massachusetts Bar, BBO # 642980 1992 - Registered Professional Engineer - PE: Lic. MA-36839 - Civil Affiliated Memberships: MBA - Massachusetts Bar Association DRBF - Dispute Review Board Foundation TASA - Technical Advisory Service for Attorneys

Education/Credentials
2010 - 2011 - American University in Dubai -Grad. Sch. of Business Administration Construction Contracts, Means & Methods, Claims & Changes, Project Controls March 2009 - Chamber of Commerce, Colombo, Sri Lanka – Construction Management Seminar Changes & Claims, EOT/Delay Damages, Loss of Productivity – Measured Mile 2000- 2007– Boston Architectural Ctr & Wentworth Inst. of Technology - Construction Law 1991- 1993 - Northeastern University, Boston, MA – Land Surveying, Sewage Disposal System Numerous continuing education specialty courses Suffolk University Law School - Juris Doctor, law -1993 – 1997 Northeastern University - MS, Construction / Public Works Management - 1993 Polytechnic University - BS, Civil Engineering 1982 – 1985

Past/Present Clients
Representative Projects Dubai International Airport UAE Muscat & Salalah Int'l Airports Oman South River Dredging Mechanical Scituate, MA Permitting / Boundary Dispute (Title V) Worcester, MA Hazardous Material Site Assessment New Bedford, MA Groundwater Pollution Monitoring Burlington - Woburn, MA Hazardous Material Disposal - Site Clean-up Wrentham, MA Sewer Rehabilitation Project – STEP Abu Dhabi, UAE Dubai Metro - Road & Transportation Authority, Dubai, UAE Boston Harbor Project - Deer Island MWRA - BHP Winthrop, MA 1,200 MGD Waste-Water Treatment Plant Doha North Sewerage Treatment Works Ashghal, Doha, Qatar 254K m3/d STP, 25-km triple force mains, 33-km Interceptor Sewers 10,000 l/s PS Central Artery / Tunnel Project - MHD / MTA Boston, MA 116 lane-miles Old Colony Railroad - Commuter Rail (Boston, MA 70+ mi) Cherry St. Reconstruction Full-Depth Bridgewater, MA 2.1 mi Scenic Roads Reconstruction Town-wide Wayland, MA 8.7 mi Strawberry Hill Rd Reconstruction Full-Depth Concord, MA 1.7 mi Craigsville Beach Rd Reconstruction Full-Depth Hyannis, MA 3.4 mi Water Main Replacement Southborough, MA EMAAR – Gulf III Towers, Dubai, UAE Mixed-Use Hi-Rise Peabody Properties Residential Hi-Rise Lynn, MA Bristol Properties Shopping Mall Attleboro, MA May Institute (children w/special needs) Institutional Randolph, MA Bear Hill Executive Park Commercial Waltham, MA Prospect Hill Executive Park Commercial Waltham, MA Residential Community Subdivision 128 lots Hopkinton,MA Retirement Community Subdivision Residential – 126-lots Warren,MA Independence Mall Retail Kingston, MA Mashnee Village Subdivision Residential – 54-lots Buzzards Bay, MA Hyannis Industrial Park Heavy Commercial

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