hiwaygal
Only someone as wonderful as Donna can get my PM's
- Joined
- Apr 21, 2005
- Messages
- 15,810
This is just sloppy work (or lack thereof) by the construction company employees. The construction company should pay for the tire replacements.
The contractor is ultimately responsible for the construction site. If it was one or two cars maybe he could slide by, but with so many cars coming down with flat tires, it is truly a site maintenance problem. The contractor should be held responsible and pay for the repair of the tires. If he won't, then the retainage that is being held back on his contract, should be used to pay everyone who has had a problem. The people that are stating that the contractor is not responsible really have no idea what they are taking about. If the contractor was painting the outside of the building, and paint got on the cars, he would be responsible to clean every car. If his truck, or a subcontractor working for him, damaged someone's property, he would be responsible for the repairs. Its all part of doing business. Your next step would be to request a meeting with the general contractor at your place of business. Have everyone who has been damaged, bring the receipts for the repairs to the meeting and present them to the contractor. If he won't take responsibility, then the next step would be to file a suit in small claims court. No contractor wants to be sued, and this should get him off of dead center, and make him pay for the repairs.

In some contracts there is no retainage, but there are various insurances and bonding forms that are required of the contract.