Eagle Lawn Care LLC

In the spring of 2013, following the Winter plowing season, we noticed that our two-year old (residential) asphalt driveway was pock-marked with scores of white marks where stones had been sheared off or removed completely. We contacted Mr. Graham of Eagle Lawn Care on June 1st via phone, and again on June 4th via E-mail, asking him to assess the situation. Without the courtesy of notice, he showed up at our home to discuss the matter. When we asked if perhaps the plow he had used was too large or heavy-8 foot blade, 800 pounds- for an 1800 square foot residential driveway (which we suspected was the case) he denied this, and suggested that it might be due to the (poor) quality of the driveway installation- aggregate placed too near the top of the surface. He also cast aspersions on the quality of the seal-coating we had contracted for the previous year. He offered us no recourse for the situation, but handed us a copy of his contract's Terms and Conditions, with the Property Damage clause highlighted: " The owner must report any property damage caused by the contractor within 48 hours...The contractor will have no obligation to repair, and the owner waives any rights to have repaired, any property damage that was not timely and properly reported." So, legally, he's covered. But I submit that it is difficult at best to discover this type of damage within 48 hours, especially spotting white marks when there is snow or ice on the driveway. Further along in his contract is stated:" Eagle Lawn Care is not liable for damage to pavement or other surfaces contracted for plowing of snow." Yes, regrettably, I signed this contract, so obviously there is no legal recourse . But I will say this: in the decades that I have contracted different companies to plow my asphalt driveways at different locations, I have never sustained any surface damages. Period. And the cause of the damage? As stated by my asphalt installer: Use of too heavy a snow plow. As "icing on the cake", with regards to Punctuality and Responsiveness, on one of the occasions that we had to shovel the driveway ourselves, Mr. Graham showed up half way through the procedure, stating he was concerned about plowing the driveway too much as it might result in damage to the surface!