Who is responsible for a contractor's damage to property?

Question

I recently hired a contractor to trim tree branches and do general shrubbery clean up. When I came home, he had gone and there were deep ruts in the lawn caused by his heavy equipment (about 8 inches (20 cm) wide, 6 inches (15 cm) deep and 20 feet (7 meters) long. If that weren't bad enough, his truck also cracked the blacktop in my driveway. I call him and expressed my concern. He said he can't be held responsible for how soft the ground is or the quality of paving in my driveway.

I wanted to know how I should proceed with this (i.e. make him repair the damage, sue him, repair the damage out of my own pocket, forget it, etc.). Thanks.

Answer 1

read the contract before pursuing any action. if you are level headed about it most contractors may clean up the lawn but as far as the driveway, he should have assessed it's condition first so if you sue, then you need to identify industry best and common standards before gettting into a law suit that you will lose.
as far as complaining, well sometimes all it does is fan the flames of anger and you will GET no where, BBB And CSLB cannot make him do anything YOU want. they only listen to both sides and that's it. unless you get him for code violation or performing work he is not licensed to do, then you have nothing you can do him.

Answer 2

Unless it is stated on the signed estimate/contract the contractor
is liable for the damages. Alot of contractors have a note at the
bottome of their estimates that states they are not responsible
for damages. If this is not their, do threaten to sue them or
damage their name in the industry.
This contractor carries insurance for such this reason, also
he should have been smart enough to take procautions about
your driveway and lawn before he started the project, repairs
of these areas (lawn) would have been included in the price.

The squeaky wheel gets the oil when it comes to bad contractors. Call him daily, send faxes, etc. But look
over the estimate / contract first and make sure it doesn't
state that he (the contractor) is not responsible for any
damages caused to your lawn or driveway.

Good Luck - I hate shady contractors, they give the ones
that care about there customers a bad name.

Answer 3

The Contractor.. You May have To Take Him To Court .Or Talk To your insurance company and have them take him to Court