Asphalt of Duluth, Inc.

I am rejecting this response because:
To say that we are being unreasonable is unfathomable. If what we were provided is the quality of work that Asphalt of Duluth deems "normal" there is NO WAY that they would have stayed in business for years. Our driveway was simply poured with mix that was too cold paired with a cold day which made for a failed finished product. Using mix at the improper temperature caused not only the extremely rough texture with large pieces of aggregate on the entire surface but also caused the high spots, low spots & prevented the crew from finishing any of the edges which are crumbling, untamped, crooked, and un-level. Also, the transition from the driveway into the garage has a large crack along the entire length and is not in the least bit level.In order to remedy the mistake Asphalt of Duluth made on our driveway we request they either remove and replace the asphalt on the entire driveway, to our satisfaction or we will gladly have another contractor remove the asphalt and reapply it properlyThe cost to have another contractor do the work would be subtracted from what our current balance is with Asphalt of Duluth

The customer's demand for removing and replacing the entire driveway is absolutely unreasonable. There is nothing wrong with the strength and integrity of the driveway.  There are no puddles or drainage problems. The cosmetic differences in the appearance of the driveway surface are totally...

consistent with the differences between a paver applied pass and the handwork required where the paver doesn't fit. If we did remove and replace the driveway the appearance would be similar to what it is now. In the 55 years we have been in business, we have installed thousands of driveways with similar cosmetic appearances.  It is a fact in the industry.  It is always a recommendation that, after a blacktop driveway has cured for a season, it should be seal-coated to protect the surface and even out the cosmetic appearance. Normally, seal-coating is an additional expense, not included in the original price.  In an attempt to appease the customer, we have offered to do the seal-coating for no charge and have also approved a retainage of $800.00, several times the cost of the seal-coating. The customer's demand is akin to requiring replacement of wood siding on a house because, before it is painted, some of the boards are a different shade than the others. Furthermore, we feel strongly that the customer's unnamed "expert", if indeed they are an expert, knows that our position is correct, but for some reason, wishes to make us look bad in the eyes of the consumer.