- Jurisdiction
- Oklahoma
I hired a company to remove and replace our driveway and patio. Where we live (Tulsa, Oklahoma) a permit is required any time the driveway approach is replaced in the right of way. The company told me they would take care of obtaining the permit. The company did the patio first and then started on the driveway. The driveway was about 80% complete when I got suspicious because I noticed from looking at our security cameras that no city inspector had ever been out. I called the city and it was confirmed that no permit had ever been obtained. I immediately halted the work. They were going to complete the job, take the final payment, and leave me to deal with the aftermath and expense of having the job redone since the city would require it be torn out and redone with proper inspections.
I went through the process of getting the permit that took two weeks. The first inspection failed because the crew didn't prep the site properly. The second attempt at inspection failed because there was standing water from rain and the concrete company didn't seem to know how to deal with it (pumps, damming, etc.) The entire job was supposed to be completed from August 14th-16th but has now been in limbo over 5 weeks later. I am to the point I would like to fire them and hire another competent company to complete the job.
Here's my question: How binding is the contract considering they stated the work without a permit? I realize they are entitled to payment for the work completed, but I also feel like I'm entitled to compensation based on loss of use of our driveway for over 30 days all because they didn't obtain a permit to begin with. I also think a more reputable company would know how to deal with the water situation and get the job completed. I don't want to pay them the full balance of the contract and then have to pay another company additionally to finish the job. What I would like to do is fire them, hire another company to finish the job, pay that company, and then pay the original company whatever is left over so that I'm not paying more than the original budgeted amount. Let me also be clear that the permit is ultimately the responsibility of the homeowner, but they told me they would take care of it and I have proof of that. The contract also doesn't mention the time frame for completion, but again, I have messages from the company saying it would take three days and I have proof of that. The contract simply describes the work that is to be done and the total cost.
Where do I stand legally on all this?
Thanks!
I went through the process of getting the permit that took two weeks. The first inspection failed because the crew didn't prep the site properly. The second attempt at inspection failed because there was standing water from rain and the concrete company didn't seem to know how to deal with it (pumps, damming, etc.) The entire job was supposed to be completed from August 14th-16th but has now been in limbo over 5 weeks later. I am to the point I would like to fire them and hire another competent company to complete the job.
Here's my question: How binding is the contract considering they stated the work without a permit? I realize they are entitled to payment for the work completed, but I also feel like I'm entitled to compensation based on loss of use of our driveway for over 30 days all because they didn't obtain a permit to begin with. I also think a more reputable company would know how to deal with the water situation and get the job completed. I don't want to pay them the full balance of the contract and then have to pay another company additionally to finish the job. What I would like to do is fire them, hire another company to finish the job, pay that company, and then pay the original company whatever is left over so that I'm not paying more than the original budgeted amount. Let me also be clear that the permit is ultimately the responsibility of the homeowner, but they told me they would take care of it and I have proof of that. The contract also doesn't mention the time frame for completion, but again, I have messages from the company saying it would take three days and I have proof of that. The contract simply describes the work that is to be done and the total cost.
Where do I stand legally on all this?
Thanks!
