Asphalt driveway cowboys

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esawers

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#225533 23-Nov-2017 09:59

We have recently had all of the drains on our property replaced as part of an EQC payout.

We used one main contractor (the same people who quoted for EQC) to keep it easy, and their guys were awesome, very tidy, respectful, had a good chat with us whenever they saw us and kept us up to date on everything, we were really happy. They same contractor also organized all the hard surface repairs which included a new driveway through subcontractors.

The driveway was only 3 years old and was perfect, they asked whether we wanted the whole driveway replaced or just patched up to save money (this was before any work was done by the drainlayers) and I specified it had to look identical to it did before they started. It was only 3 years old and we wanted it new again.

The driveway guys turned up one morning, bashed the hell out of the driveway and had it removed within an hour. Then they laid the asphalt and it was all finished by 2pm that day. The asphalt had small pitholes all through it because they had a stone stuck to their roller, they had rolled gravel into the asphalt, and there are unmixed bitumen marks everywhere which look like old chewing gum. They left asphalt all through the gardens, asphalt marks on the weatherboards, and diesel marks on the garage carpet. Obviously we are not happy.

So I told the contractor there were problems, the subcontractor came back and pushed some asphalt into the holes. I again told the contractor we weren't happy and wouldn't be paying for the driveway as it was. He asked what we wanted, and suggested a credit. We said ideally we want a new driveway from different subcontractors, OR enough money left to have it redone properly when it falls apart. He agreed the driveway finish was not up to standard but said he had to give them a chance to fix it first.

So, The driveway guys turned up this morning, and used a gas bottle burner to melt asphalt into the holes and then tamped them down. This was 30cm from my new car, no communication to us at all. I moved the cars away and they didn't even look up or acknowledge me. Most of the holes are still there, except now they have tamped dirt into the driveway as well. No attempt at cleaning up their past mess.

Under the CGA, what do we do? Do we refuse to pay the contractors and let them deal with the subcontractor?

They have been out twice to repair it, can we now say we don't want them back?

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#1906249 23-Nov-2017 10:56

I think you can say dont come back, but if it comes back to bite you then might be worth considering whether the evidence you or your primary contractor could document is something that would convince a disputes tribunal about how bad it really was. Giving them another chance to fix it may be in your favour, then demand compensation for cleanup.

Time to find a new industry!

esawers

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#1906250 23-Nov-2017 11:00

Everything I'm reading is suggesting a repair is only a temporary fix and wont last long.

"You can fix driveway holes using a patching material that you tamp down to be even in height with the rest of your driveway. The fixes are always temporary because water will seep in between the old and new material and start to open up the hole again."

Fred99

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#1906255 23-Nov-2017 11:13

Your contract is with the main contractor - not the subcontractor, so I'd say withhold payment from them but make sure that it's clear you have a dispute with them - otherwise they'll possibly pass it on to an agency as an unpaid debt for collection. Pay them in full - and any leverage you may have had has gone out the window.

Driveways seem to be a constant PITA in Chch EQ repairs, despite high demand there have been contractors go bust, and it seems that shoddy workmanship is the norm, for concrete as well as asphalt driveways. That said, there's also a tendency post-quakes for some people to look more closely for faults/defects than perhaps used to be the case.

I think first, I'd try to get an independent opinion on quality of the work. Not (at this stage) a detailed expert technical report, but just from someone involved around the trade to take a quick look.

Next major EQ in NZ, people are going to get much less fussy about driveways. Most (all?) insurers have quietly bumped up the excess for driveway damage from natural disaster to $5-$10k.

esawers

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#1906263 23-Nov-2017 11:25

Thank you

I have been in touch with the contractor who did the driveway 3 years ago, they are supplying a quote in case we need it redone.

I could probably get him to check the workmanship as well.

kingjj

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#1906434 23-Nov-2017 13:33

Paging @dejadeadnz

I won't try to comment here as dejadeadnz seems to be the voice of reason in these matters.

Coil

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#1906447 23-Nov-2017 13:47

Can we have some photos of this driveway? Asphalt is not easy to work with and makes a bloody mess and a half.

It is not going to be a anything like a polished concrete surface, the two products are non compareable in terms of a finish. I feel the expectations here maybe a bit high.

It can take a little bit of time to settle and can smooth out nicely with a little bit of use dont forget..

A friend of mine who owns a contracting business got screwed for subbie work a year back from some customers who were pedantic to the nth degree and he did not see his money for a long time which negatively affected him and his family of no fault of his own.

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trig42

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#1906448 23-Nov-2017 13:54

Coil:

Can we have some photos of this driveway? Asphalt is not easy to work with and makes a bloody mess and a half.

It is not going to be a anything like a polished concrete surface, the two products are non compareable in terms of a finish. I feel the expectations here maybe a bit high.

It can take a little bit of time to settle and can smooth out nicely with a little bit of use dont forget..

A friend of mine who owns a contracting business got screwed for subbie work a year back from some customers who were pedantic to the nth degree and he did not see his money for a long time which negatively affected him and his family of no fault of his own.

I think the OP just wants their driveway repaired like for like. Sounds like they had an asphalt on before, and just want an asphalt one after, to the same quality they had it previously.

Sounds like the Subby did a crappy job compared to the original. Unfortunately for the main contractor, the main contractor is responsible to the customer for the sub-contractors work, even though it may not be anything the main contractor had control over (other than bringing on the sub).

esawers

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#1906451 23-Nov-2017 14:02

Photos: https://flic.kr/s/aHsmbx5uZA

First 3 photos was the original problem, they had a stone stuck to their roller which made holes all over that part of the driveway, gravel rolled in and chewing gum like marks in the asphalt.

The other photos are of the repair from this morning.

jonathan18

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#1906452 23-Nov-2017 14:03

trig42:

I think the OP just wants their driveway repaired like for like. Sounds like they had an asphalt on before, and just want an asphalt one after, to the same quality they had it previously.

Sounds like the Subby did a crappy job compared to the original. Unfortunately for the main contractor, the main contractor is responsible to the customer for the sub-contractors work, even though it may not be anything the main contractor had control over (other than bringing on the sub).

But isn't that a significant thing the main contractor does have direct control over, ie isn't their responsibility to ensure any sub-contractors they engage undertake their work to an acceptable standard, AKA avoid using sh!te subbies? Given they're likely to wear the impact of poor workmanship, it's surely in their best interests to manage this bit carefully.

SteveC83

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#1906511 23-Nov-2017 15:23

Based on the photos, its a pretty poor job.

How does your contractor apply for payment each month? Does he submit a payment claim stating he claiming under the CCA 2002?

Do you with hold retentions on him each month?

esawers

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#1906518 23-Nov-2017 15:38

This is a one off job, about 30k of work over a month
Invoices will be sent out soon I imagine

We have a meeting with the contractor and subcontractor tomorrow

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surfisup1000

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#1906551 23-Nov-2017 16:34

esawers:

I moved the cars away and they didn't even look up or acknowledge me.

It is because they hate that you are causing them so much grief by asking for a proper job.

So many tradies in NZ are really bad.

Fred99

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#1906704 23-Nov-2017 19:25

Actually - it doesn't look too bad to me. Not sure about the wavy line cut in the last picture though?

Asphalt always has imperfections, goes grey / patchy / dirty, gets small cracks/crazing.

See what the other contractor says, but if he doesn't see major faults, then perhaps just get on with your life and forget about it.

It's only a driveway.

esawers

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#1906716 23-Nov-2017 19:31

Fred99:

Actually - it doesn't look too bad to me. Not sure about the wavy line cut in the last picture though?

Asphalt always has imperfections, goes grey / patchy / dirty, gets small cracks/crazing.

See what the other contractor says, but if he doesn't see major faults, then perhaps just get on with your life and forget about it.

It's only a driveway.

Would you be happy paying 12k for this as a brand new driveway?

Fred99

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#1906722 23-Nov-2017 19:45

esawers:

Fred99:

Actually - it doesn't look too bad to me. Not sure about the wavy line cut in the last picture though?

Asphalt always has imperfections, goes grey / patchy / dirty, gets small cracks/crazing.

See what the other contractor says, but if he doesn't see major faults, then perhaps just get on with your life and forget about it.

It's only a driveway.

Would you be happy paying 12k for this as a brand new driveway?

From the photos, I can't really tell - so can't really say.

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