Clinton & Bergen Furniture, Inc.

Initial Business Response /* (1000, 8, 2017/07/27) */
Mr. [redacted] agreed to the extra [redacted] on the ""Optional Circle" portion of the driveway as explained to him I had figured the inside rather than the outside of the circle for expansion. I pro-rated the difference in area and even reduced the...

amount charged. Mr. [redacted] agreed with a hand shake.

The proposal Mr. [redacted] is showing of [redacted] was a [redacted] less than what was agreed on as we added more Milling/Replacing of asphalt after a 2nd walk through. Mr. [redacted] simply is showing the original proposal rather the revised proposal prior to our starting of the job. The [redacted] was never agreed and signed by me.
The 2nd proposal was [redacted] for the base driveway instead of [redacted] which is [redacted] difference rather than [redacted] as Mr. [redacted] claims.
It needs to be understood that the [redacted] for a additional layer of Binder asphalt on the Circle was a UNFORSEEN CIRCUMSTANCE. The fact is that as we were excavating the widening of the Circle his top layer of asphalt was crumbling and scooting off his other layer of asphalt. No one could see that this was going to be the case. I brought to Mr. [redacted]'s attention immediately. I told him that this was unforeseen and that I will be as delicate as I can to try to save what was left. I told him I him I DID NOT KNOW HOW MUCH ASPHALT it was going to take to replace what needed replaced until we actually laid the asphalt.
As a professional in the asphalt business for nearly 30 years I felt it best to actually replace the weak circle drive where his most of his Surface layer scooted off with BINDER ASPHALT rather than using Surface asphalt so as to ADD MORE STRENGTH to the circle. My cost of the Binder, (not including the clean up and removal of the loose asphalt - hauling offsite, hauling in, laying and compacting the Binder; another [redacted] cost to me)would run [redacted] Mr. [redacted] agreed with a "Handshake" in front of my crew.

After the rain delay and knowing the actual cost of Extra Binder used I texted Mr. [redacted] the total completed cost to his driveway. After Mr. [redacted]'s response "We have a problem" I felt like I needed for both of us to sign a proposal of which I presented to him the morning we returned to his job. To satisfy Mr. [redacted] I took another [redacted] hit and agreed to the [redacted]

Mr. [redacted] took the proposal inside his house as my crew and I waited a length of time before he came back out of his house with the signed proposal. However, Mr. [redacted] initialed under a remark he made about his dissatisfaction. With my crew standing right there I told him I will sign this proposal but "I am not agreeing to or putting my initials" under your remark he added.
Mr. [redacted] agreed.
I think at this point we both wanted to get this job completed.
Mr. [redacted] never mailed a signed proposal to me as he claims. The only proposal signed by both of us was for the total [redacted] of which Mr. [redacted] paid.
As a final note, I'd like to say I haven't been in business for nearly 30 years by screwing my customers. My work is professional with most of my employees employed with me 10-20 years!
My company actually receives numerous referrals by all of your major Asphalt Contractors such as Brooks Construction.
Note: I installed what was in best interest of my customers. In this case placing an extra layer of Binder on the circle would hold up much better than taking a "Shortcut" of scimming a layer of Surface Asphalt over the circle to just get the job done.
Lastly, I actually made his circle in some places 13'-14' wide rather than 12' wide as originally agreed. I did not charge anything for this.
Initial Consumer Rebuttal /* (3000, 10, 2017/07/27) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I have a copy of the original [redacted] proposal signed by Mr. [redacted], so of course his assertion that he signed only the final proposal for [redacted] is risible. I have attached the file merely to show what he originally proposed. Also, I have a copy of the emailed proposal I signed and sent to him on May 6, accepting the increased amount for the main drive. Mr. [redacted] is correct, it was [redacted] rather than [redacted] However, as with almost everything involved with Mr. [redacted], that price increase of [redacted] had NOTHING to do with the circle drive and has NOTHING to do with my complaint. That is a classic dodge Mr. [redacted] has used with me every time he did not want to deal with a complaint.
Mr. [redacted] claims to be "a professional in the asphalt business for nearly 30 years." If so, he is a professional who, completely by himself and no input from me, conceived and presented a totally unsolicited proposal for an addition to my circle drive, who by the way, mis-measured the area twice and failed to notice the loose asphalt on top...twice. His proposal stated that the widened area would "make it easier to get round without falling off the edges." So, he thought cars and trucks could turn in such a short radius that they would fall off the inside radius. Hilarious! His self-glossing to the contrary, that is hardly the mark of a professional at anything. Had I known the actual price would be 70% higher than what he first quoted, I would not have agreed to add the 3 feet to the outside of the perimeter, (which, as it turns out, he demonstrated to me on the second walk-through.)
Mr. [redacted] notes that I initialed a remark about my dissatisfaction on the [redacted] proposal, but fails to note that my remark on that proposal is the crux of my complaint. To wit: during our phone conversation, he threatened three separate times that he would mill of much of the asphalt he had already laid because "I didn't pay for it." His comment in his rebuttal, "I think at this point we both wanted to get this job completed" is true, BUT wholly misses the fact he coerced me into signing by his threat. What homeowner in his right mind would allow someone to tear up what is already in place? I was concerned that, if I refused to agree to the increase, he would tear up more of my yard along with whatever amount of asphalt he felt like tearing up - totally at his discretion.
His final assertion in his rebuttal, that he made the circle "13'-14' wide rather than the 12' wide as originally agreed, is another classic misrepresentation by Mr. [redacted]. First, the west portion of the circle drive was 10 feet to 10.5 feet before he started the work (I have photographs and measurements prior to the work), so he laid exactly what he said he would lay: 3 feet of base and pavement. Second, nowhere in his proposal or in our discussions did Mr. [redacted] refer to "12' wide" anything. Thus, his concluding statement is unmerited self-aggrandizement and an absolute lie.
The fact that Huntington Asphalt remains a business rated A+ by Revdex.com is offensive and an affront to those who trust Revdex.com.
Final Business Response /* (4000, 15, 2017/08/16) */
The [redacted] outdated proposal was never signed by [redacted] and myself within the 30 days it was valid. The ONLY SIGNED PROPOSAL by both parties was for the [redacted]
Mr. [redacted] keeps pushing the [redacted] vs. [redacted] of which the [redacted] did not include the OPTION or the areas added on later to MILL and REPLACE.
Once again, I did not even receive the so called May 6th e-mail of which, if examined, looks to be duplicated or fake. You can detect this by looking closely at the outside perimeter of the proposal. This copy was never signed by me. Mr. [redacted] came up with the proposal after I told him I could not find such a proposal. Mr. [redacted] had me and my crew wait 10-15 minutes for him to bring this fake proposal out to me. What was he doing during that 10-15 minutes if he told me he had it inside the house?
As far as the "Circle" goes, my Backhoe bucket digs nearly 3.5' wide. Mr. [redacted]'s driveway was only 8.5'- 9' wide just as you can see the lane going up to it. As mentioned on my last response I even added the West side out to as much as 13.5'- 14' wide to make it easier getting around.
One needs to understand that no one would have reasonably seen that the circle asphalt layer was loose. Once this was discovered, I immediately got with Mr. [redacted]. Strangely Mr. [redacted], though nearly standing over my shoulder up to this point, only came to the door after two of my crew and myself knocked long enough on all of his house doors.
It was then, as stated in my last response, that I told him I would be as delicate as I could but their was no way knowing how much would be removed and replaced. My crew witnessed all this.
It was after I told Mr. [redacted] the cost of replacing this loose asphalt that he said he had a problem. I ask Mr. [redacted] why I should give him all the replacement asphalt for free when I explained to him it had to be done in order to have the New Top Coarse hold up. Mr. [redacted] TOLD me that I could not take back the free asphalt laid. That was when I said it COULD be done by Milling it up. The key word is "Could". I never intended to take up the FREE asphalt but was merely trying to be compensated for the actual asphalt cost. Asphalt Cost does not include the cost of removing, loading and hauling away the loose asphalt. The Cost of dumping the loose asphalt. All the trucking away and back to his house with New Hot Asphalt, laying the asphalt with a Asphalt Paver and Compacting.
I even went further in letting Mr. [redacted] talk me down another [redacted]
Mr. [redacted] claims I was charging 70% more than the original proposal. Really? This would be like buying a base car for the same price as the same car with all the Options.
Mr. [redacted] only paid for what he received and then some.
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