Ferris-Prabhu v. Dave & Son, Inc.

The plaintiff contracted with the defendant Dave & Son, Inc. to repave a driveway. Defendant completed the work and plaintiff paid defendant in full. Subsequently, the asphalt paving heaved so that the driveway was three and one-half inches above the garage floor. As a result, water ran into the garage, one of the garage doors could not be opened, and the pavement began to crack and break up. Plaintiff attempted repeatedly to complain to defendant, and to request that he repair the defective work. Defendant failed to respond to plaintiff’s phone calls and registered letters and, as a…