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The wrong size slab because of the tree should not be an issue. If this contractor is stand up, he would have applied for a building permit and they require site plans, site plans relating to existing conditions. Also, with a permit, an inspector from the town/county should have inspected the foundation before he placed it, this would have come up then too.
Shady contractors are all to common these days. Good luck with resolution.
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1986 Targa
1993 Corrado VR6
2005 325xi
2010 135i
2011 X5d
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