I would assume the contract describes a scope or description of work and dollar amount. All contractors have a right to charge more for items outside the scope of the contract. It would seem your best options are negotiating a cost for the additional work or if the contract had some agreement for the canceling the contract and paying a cancelation fee or negotiating the cancelation.
I can understand negotiating if more work is needed if it was written in the contract and I signed off on that, but it wasn't. I never ever would have signed up for this had I known they were selling me something that they couldn't deliver. Remember. They have completely ripped up my current driveway and yard. We have no option but to park on the street which won't be possible for very long with winter coming. I signed a contract and paid half down for a product they can't deliver. I can't just tell them to forget, because I have no driveway and I'm out thousands of dollars. Contract specifically states what I paid for. What's point of a contact if they aren't legally binded to it? Image Unavailable, Please Login Image Unavailable, Please Login
This is probably one of those situations where you start throwing good money after bad. IMHO, Id get them to put in the driveway as in the contract stipulations and send them on the way. I would then construct a steel ramp to bridge the wallowed out place where it scrapes and be done with it. I did that for an aircraft hangar and it worked perfectly for a 1 in lip that prevented the wheels to push up over the lip. The ramp solved that problem. It was a sheet of 4x8 x3/16 Diamond stamped steel plating with welded ribs underneath to prevent sagging. It was coated with the rubberized coating for truck beds and did not rust for 10 yrs. It did not slide and was quiet. The plating is avail in Stainless Steel, Aluminum, or mild steel. It is easily worked , cut and welded. Get a straight edge and put it from the garage floor lip and the entrance and bridge it across the low point to the next high point to get an idea of length and distance to support it from the concrete surface to make a flat transition from the garage to the driveway that is drive able. Anything else and you will be chasing your tail. IMHO. Cut your losses.
I am a lawyer I am giving you legal advice They are bound by the terms This is not an out of scope dispute At a minimum, they owe you your money back You could sue for specific performance, but they don’t seem capable Ask for your money back and start over with new contractors
Thanks Todd. Even if I get my money back, I still have no driveway. What am I supposed to do then? Engineers said it's impossible to do the job that was in the contract, so it's not like I can find someone else to do it.
Understood Get your money back Design and scope a driveway that will work with new contractors Will be pricey Do you have an HOA to deal with? How close are your neighbors?
I wish that were possible. I had to stretch and blackmail my wife to let me spend the money for this project. I do have an HOA to deal with. That's the other thing. It will be a fight. Neighbors are far enough away.
The legal concept of mutual mistake seems to apply here No one did anything intentionally wrong What was contracted for is not possible The courts will do their best to put each party back as close to possible to the position they were in before the contract For you that means you get your deposit back but have a torn up front yard For them they have no profit but are excused from specific performance Far from perfect, but perhaps the best we can do
They aren't out any money. They already told me that they got their money back from the concrete company they subcontracted.
He’s on the other side of the world. May be nighttime, or spring time, or some other time over there so I figured I’d beat him to it.
They are definitely out 'money' with time and labor and equipment etc that they've already done... but this really sucks for you man. Sorry... The plus side is if they give you your deposit back, the next contractors (if some design can be done) won't have to charge for tearing up the original since it's already done.
I’ve been following this thread with interest. I’m a new Ferrari owner and a new member here and this is my first post. Correct me if I am wrong, but weren’t you able to get your car in and out previously with the makeshift wooden ramps? If so, then a concrete driveway is doable.
The 488 has always rubbed the ramp..... but when I switched to the 1016 front aero, it dropped the front so low and outward that it would have gotten ripped off with the ramp I had. If I duplicated the ramp with concrete, rain would flood my garage.
The owner of the contracting company called me yesterday to discuss. Said what we already knew. The math just doesn't work. If only they had listened to me over 2 months ago when they ripped up it and I told them to get a engineer out. Anyways. He said they are going to discuss options over the weekend, but if they can't come up with a plan, he would refund my money and have the driveway repoured to what it was before.
The issue here is that the other people that buy and install those aero kits live in apartment complexes with their grandmother and they just park in the flat, gravel parking lot. If you read the disclaimer on the pieces, it clearly says not for people with private homes, class, taste or garages. Sent from my iPhone using FerrariChat