By-Way's Paving & Grading

Review: This complaint is both a failure to render services that were agreed upon for asphalt work on my company's parking lot as well as a failure to provide a refund on this very same job. The contractor (**. [redacted].) for this asphalt company (By-Ways Paving & Grading) first told my company that he had left over asphalt from another job in our area that he could offer to us for a discounted price. He claimed he and his father both owned the company. After agreeing on a price, **. [redacted] collected a 50% deposit from our company and told us that he would drop his trucks off that evening when all of our cars were out of the parking lot so that his company could start the job the very next day. We later called him that very same evening (Friday at 6pm) to confirm that he was still coming, (a few hours after he had collected and we discovered that he had cashed the check) he then told us that his father did not want to leave his trucks at our company parking lot overnight, but he said not to worry because he would still start the work that following weekend. He never showed up that weekend and the later days that followed despite our NUMEROUS attempts to schedule a day with him to come and start the job. He had excuses for days: it was too cold to lay asphalt, he couldnt get the materials/trucks, etc. He told us this just days AFTER he told us that the reason he had cashed our check was to put a down payment on the purchasing of asphalt, renting trucks, and truck drivers, and other supplies. After 4 weeks of going back and forth with **. [redacted] we opted for a refund which he agreed to give, but when it came time for him to send us a refund check, he was always out of town on ANOTHER job which was baffling to us because he seemed to never have the ability to come to our parking lot to do OUR job. At the end of last month (May 2013) he was supposed to send a partial refund payment to us via western union because he was again, out of town, but claimed that he couldnt make it out to western union to send a money order. This companys (By-Ways Paving & Grading) actions/practices, failure to deliver on promises made, and unprofessionalism spells SCAM all over it. We are writing this so that no one else gets duped by **. [redacted] and his paving company.Desired Settlement: We want a refund on the deposit that we gave to **. [redacted] and his company (By-Ways Paving & Grading) for the asphalt job that was never done.