Frank Summerill of Summerill Paving, Norristown, failed to honor a contract that he made with me to repave my driveway in King of Prussia with two inches of asphalt on top of six inches of crushed stone for a payment of $2,900. He did the job in August 2008, took the payment, and by February 2009 problems were appearing; parking a car overnight caused the dents in the driveway.
After repeated calls to Mr. Summerill, he examined the driveway and said it was not covered by his warranty but that he could repair it for an additional payment. He denied that his workmanship or materials were at fault and tried to shift the blame to another contractor who had placed a dumpster on part of the driveway in April 2009, even though first dents appeared before the second contractor had arrived and the dents were worsening in other areas where the dumpster had not been.
Because Mr. Summerill would not honor his contract, I sued him in District Court of Upper Merion for breach of contract (Docket Number CV-0000867-10). When I cut samples out of the asphalt in three different locations I found that it was not 2 inches think as specified by the contract; in some places it was less than 1 inch thick. In addition, I suspect that the foundation was less than the six inches of crushed stone that was specified in the contract that Mr. Summerill had written out at my kitchen table; this would explained the denting.
The judge seemed inclined to rule in my favor but first suggested that we try to reach an agreement; however, Mr. Summerill failed to cooperate with the judge
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