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Claimant's opinion: The work performed was worth less than the first advance payment and a refund of approximately $ 2,000 is due for the balance of the initial payment plus all of the 2nd advance payment ( $ 7,500 ), $ 9500. total.
Claimant's opinion: The work performed didn't meet the specifications provided that were agreed to and on which Brandy's quote was based. Retrospectively, I don't believe he ever intended to perform the work as specified and agreed.
Claimant's opinion: I'm due a refund for part of my 1st and all of the 2nd advance payment.
Claimant's opinion: Finished concrete jobs all look nice, but improperly prepared and thin concrete pours frequently crack from use or lifting during Pa's winter freeze/thaw conditions leaving unwary customers with very expensive failed drive and walkways long after the contractor has been paid and gone. Unwary buyers then have little recourse to contractor's preparation shortcuts, deliberate dishonesty, or intentional scams.
The total I'm looking for is $ 9,525, not the total as listed in the BBB forms.
I'd like to rephrase my original comment in favor of the following:Once finished, all concrete jobs look the same. But improperly constructed jobs don't wear or last the same. Usage and our freeze/thaw cycles can cause shoddily constructed driveways to crack and fail. Contractor responses frequently include: " I can't guarantee the job forever", "might be a problem with something under your yard, ie, subsidence, or maybe a heavier vehicle drove over it", or "none of my other customers/jobs have had this problem" leaving the trusting customer stuck with a failed job and little recourse.
An even layer of gravel under concrete will help prevent, or at least delay, cracking by providing drainage and support. It's particularly important in areas of the country where freezing is common. However, that's irrelevant - if the contract specifies that something is to be built in a certain way, then the customer should get what they paid for. There is a very substantial difference between 5" and 2-3"; it appears to me that the contractor is in breach of the contract.
PA's Home Improvement Consumer Protection Act requires that contractors performing $5,000 or more of work must be registered with the Attorney General. I would recommend checking that the contractor is properly registered. Either way, the Attorney General is likely a better first avenue for complaint than the DA in a case like this.
It looks as though the claimant is valuing the work performed at $5,500. How did you come to this figure? Can you add details?
I would assume that the claimant has taken substantial numbers of pictures of the defective work and that the replacement contractor will be able to verify the condition of the work prior to starting. The limit for Small Claims in PA is $12,000, so the amount sought is well within the limit. The judge will be able to review the contract and the work records and decide how much money should be returned to the claimant.
I would like to be able to suggest a specific resolution, but since Mr. Brandy has not publicly responded and I'm not seeing either the original contract or the work performed, I cannot. However, what does Mr. Brandy think is a fair resolution?
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