ComplaintsforOfficial Asphalt of NY, LLC

• Initial Complaint

  08/01/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  On May 24 we received an invoice to do a new drive from Mr. Jeremy D********* from Official Asphalt in West Henrietta. The description note said: Mill down the driveway and make proper adjustments, install the new driveway with 2 1/2 inches of asphalt, machine laid and roll. Use levels to check for water pitch and run off. This job is followed by a 1 year warranty against cracking and breaking. “ After few questions we agreed and scheduled to asphalt our driveway on July 14. That day they did not get asphalt so we had to rescheduled for Monday, July 18. While they were working I noticed they were not milling down the entire area. I talked to the foreman and his response was that this is what he was told to do. They finish around 1:30. When they came to collect the money I questioned the owner and told him that they work they did was not what the invoice said and he got very defensive and loud and said that nowhere it says they will mill down the entire driveway. I was watching my 2 year old granddaughter therefore I wanted him out of my property so I paid them by check $5,000 even though my husband did not wanted me to pay. Well on July 27, not even 2 weeks after it was done we noticed a dandelion growing in the middle of the driveway where the asphalt is not deep enough. We contacted him and his answer was that he does not warrant grass growing. Obviously the asphalt has broken there allowing the dandelion to grow. See picture.

  Business response

  08/02/2023

  I would like to apologize for your false statement. I never once was loud with you, you asked me to come into your home when which I declined because I said I didn’t want to get the tar from my shoes in your home so I was standing at a distance outside while we were having a conversation. You asked why we did not mill the entire driveway and you produced your contract, I pointed out the contract does not say mill the complete driveway due to the driveway already being low in certain areas, it needed to be raised in certain spots for proper elevation for the new asphalt. Once we moved past this question, you then moved to another question about how we uniformed an asphalt curb around your basement window. I told you this was so the water did not run into your basement due to us paving over the sidewalk against your house. You asked me to tell my employees to tip it once more, as I was translating in Spanish, you started speaking to him in Spanish and told him how you would like it to be done. In which we did exactly as you requested. I showed you the thickness of the driveway because you had your doubts before paying us, and once you saw that you agreed we did everything the contract was as fulfilled. We cleaned up, you paid us and we went on about our daily schedule. Several days later you contacted us because you were unhappy about one of the seams, we then sent an employee over there to clean up the area you were concerned about. No phone calls were made until you called about the single blade of grass in your driveway. We advised we do not warranty against grass, we told you that you can go to tractor supply and buy an RM-90 vegetation removal applicant and that would take care of your issue. This is not something we cover under our warranty like most contractors in the paving industry, because vegetation is prepped for and sprayed before any driveway is installed, regrowth is always unpredictable. This grass growth has nothing to do with the job quality or thickness. I had responded to your not so nice email you had sent making threats to me, sarcastically replying that you will have so much fun slandering my business on Facebook, The BBB as well as a company we use for advertising. I kindly responded to you letting you know grass is not warranted and to use the applicator suggested to kill the single blade of grass.However, this job has a warranty, the qualifications are listed on your contract. If something thats notated occurs, we will be more than happy to stand by our work and repair the necessary errors within the given time frame. Reach out to us if there is something regarding the warranty, have a great day. 

• Initial Complaint

  06/10/2022

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  Date of service 5/23/2022 Cost of service $8000.00 Service rendered, asphalt driveway Complaint: I came home from an errand on 5/23/2022 and this companies equipment was at my house getting ready to replace my driveway. I told the lead person there that I did not hire them and that they should leave. He called his boss, the owner of the company, and the owner proceeded to tell me we had a binding contract that he sent me in my email in March of 2022 and that if I cancelled now I would be liable for the cost of the materials, $5000.00, to be paid immediately. I said I did not recall receiving anything from his company through email. He began to scream at me that he would sue me and he insisted that we had a contract. I am a senior citizen and I began to second guess myself at this point, I was actually quite frightened about the things he had said, so I agreed that he could do the job. While the company was working I was frantically trying to find this so called contract in my email, which I could not find anywhere. I called the company office and asked for them to send the contract again. I waited for this contract to come all the while the company is doing the work on the driveway. After a good amount of waiting the contract still did not come through. I called the company again and the girl sent it again, still nothing. I called again and the girl asked me my email address, turned out they did not have my correct email address so therefore they never sent me anything in March. By this time the crew had completed the job and requested payment which I gave them. I took this contract to an attorney and he said that it was not a contract at all it was just an invoice, a contract must have signatures. The owner of this company lied to me about there being a contract and that it was sent to me, which it was not. This is a company who seems to prey on senior citizens through intimidation and lies. Also this invoice says 3 1/2" of asphalt. See pics, not even 1" of asphalt

  Business response

  06/10/2022

  BBB spoke to Betty at business and the following was relayed: The customer contacted us last year for a free estimate, which we gave and was $9,000. He did not want to do last year. He called us back this spring and we gave him another free estimate for the same price $9,000. We put the customer on the schedule in March for June. The customer never contacted us to cancel at any time before we arrived. Our agreement states that if a customer does not cancel prior to our purchasing the blacktop, then the customer is responsible for the material costs which was $5,000. My husband offered to discount the job by $1,000 and the customer accepted. There was no issue with the job but the customer called back about debris left behind. We sent guys out to clean up the debris. The customer paid $8,000 upon completion.

  Customer response

  06/10/2022

  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.  The business never had a contract and I was never given anything about a contract. They came out for a free estimate, I did not agree to have them do the work. After they left a hole opened up in the driveway and there is an inch or less of asphalt. This driveway is of poor quality and needs to be replaced and done correctly.  Regards,  **** *******  

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