A construction company damaged my driveway, what damages can I seek?

A construction company is building a large business across the street. Just recently, they drove a massive crane across the edge of my driveway and through part of my yard to get to their construction site. No one saw the incident, but there's NO question that's what happened (the developer admits responsibility). The corners of my driveway developed two 1/8" cracks from the incident, each stretching 3 feet in length from the side of the driveway to the entrance, basically creating two "triangles" on each side). The developer says it's unreasonable to want a new or partial slab poured - he wants to put in $25 crack filler. To get it looking as it was would cost $2,500+. He says the law prohibits me from getting excessive-cost repairs, only the loss of value to my property, which is $25.

Milwaukee, WI -

Attorney Answers (2)

Rudolph J. Kuss

Rudolph J. Kuss

Litigation Lawyer - Brookfield, WI
Answered

While you've suffered significant damages, those damages are unlikely to be significant enough to convince an attorney to take your case. I suggest filing a small claims lawsuit in Milwaukee County. I don't see where the contractor is coming from on the economic waste rule. If anything, I suspect that your diminishment in value EXCEEDS your cost of repairs. Who would want to buy a property with a cracked driveway?!?

Jason Todd Studinski

Jason Todd Studinski

Personal Injury Lawyer - Stevens Point, WI
Answered

You may bring a claim in small claims court. You should also consider consulting with a local lawyer to review your case in greater detail. This sounds like bad conduct on the part of the construction company. But, given the amount in dispute, small claims court might be your best bet.

Good luck.

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