H C Asphalt Paving

October 17, 2012, We employed [redacted], 3H Paving Asphalt & Seal Coating, XXXXX [redacted] XXXXX, Cell XXX-XXX-XXXX and Home XXX-XXX-XXXX to do the following to our driveway:
I. Clean and tack coat
2. Pave with hot mix asphalt
3. Sealcoat with asphalt base sealer
Apparently, the asphalt surface mix was inferior or sealcoat did not seal properly, because during the month of November 2012, we noticed on-going separation of aggregate particles (loose gravel) when the driveway was swept. We also observed loose gravel sticking to our shoes, which resulted in us tracking loose gravel into our home. After completing the job, Mr. [redacted] told me the sealcoat was good for approximately four
to five years. Eventually, edges of the driveway were visibly deteriorating and small holes began to form. We immediately contacted Mr. [redacted] (Owner) and explained to him the problems we were having. He told me that he would come by and inspect the driveway. My wife and I made several calls prior to sending one of his employees to our residence to inspect and take pictures. However, he did not followup
on the visit. As a result, we began to call him monthly to inquire about his plans to repair the driveway. He seldom answered our calls! When we were able to talk to him, he always gave excuses (family sickness, trucks in the shop, out of town, etc.) why he had not gotten back with us. He also gave approximate times when he would handle the repairs, unfortunately, he never showed up. He indicated that it would only take
approximately 30 minutes to 1 hr. to correct the problem. I told him that the repairs needed to be done as soon as possible because the driveway was getting worse as time goes on. It has been a year, and he still has not contacted us concerning the repair of our driveway. We would like for Mr. [redacted] to fix our driveway or refund the $1,500 he was paid in good faith.
Attachments:
Copy of the original contract
Pictures
Phone log