James Young Paving, LTD

Review: In October of 2011, we signed an agreement with [redacted] to put in a driveway at our new home. Dimensions and a price ($2150) were agreed upon, and we were informed the work would be done within a few weeks. Weeks pass, no work is done. After the winter, we reached out for assistance. In April 2012, we were informed that our job had been inadvertently filed. Had we not contacted the business, they would have simply forgotten the job. Weeks later, the job is finally done. Upon returning home, we find that the workers did not follow the specifications that were agreed upon, and extended the driveway an extra 3 feet into our lawn. Not only that, but they dumped the way onto the lawn, instead of the sidewalk adjacent piece that was agreed upon. When contacted about the issue, they seemed more interested in WHY it was a problem, rather than the fact that it was an issue. They EVENTUALLY, several weeks later, came to rectify the mistake, while still collecting the full amount of the job. Six months later, in October 2012, grass had already grown through the blacktop, despite assurances that it wouldn't. Dips and dents formed, despite guarantees to the contrary. Both myself and my fiance reached out for assistance, via e-mail and phone, and were continually told that we would have our problem corrected in a few weeks. We waited. Nothing. E-mailed and called again, and were once again told the problem would be fixed. Nothing. Winter came and went, spring came and went, and summer is nearly over. We have exhausted our patience with the company, and their lack of any sort of customer service or desire to honor their contract, as stated.Desired Settlement: The job should be completed, as outlined in the initial contract. The driveway should be repaired as promised, to the specifications of their original quote. If that is not possible, for whatever reason, then a refund is in order, both for the lack of professionalism and failure to complete the job as desired.We would then use that refund, in whatever amount issued, to hire another contractor to finish the work.

Business

Response:

In Julv of 2011, a salesman from our company went to give an estimate to [redacted]. He waited

until October **, 2011 until he signed the contract and gave a deposit. We were also trying to take

care of the customers that had devastation to their properties from hurricane Irene that fall.

He also failed to mention that we had a Halloween nor'easter in 2011. Any work that we were not

able to do before the end of the 2011 season,was put in our 2012 file to be done as soon

as the blacktop plant opened again in the spring. I do not know what he is talking about his job

being inadvertently filed. His job was done at the very beginning of the season on April **, 2012.

We were not paid that day as he states in his com­ plaint. We went back to correct the size 15 BUSINESS

days later, 05-**-12 when he gave the balance of the job Ck#[redacted]. On Wednesday, 07-**-13 the driveway

was repaired. [redacted], their salesman had spoken to them prior to doing the work. He left a message on both

[redacted]'s and his fiance's [redacted] voice mail that evening. He asked for a return call and did not receive

one. He called both of them again this morning, leaving same message, the repairs were made, please call him.

Since he did not receive a call back, he e-mailed them. Ialso called and left a message at ext. [redacted] this afternoon

@ 12:50 for someone to return my call.

I hope this repair takes care of this issue. Please call me to let me know the outcome.

Sincerely,

The repair was made on your driveway Wednesday, 07-**-13. An area app. 5'x3' was saw cut and paved.

I left a voice mail on each of your numbers letting you know this, and asking for a return to call so I would

know that you were satisfied. Since I did not hear back, I left messages again on both of your numbers this morning.

We received a letter from the 666 in this morning's mail. [redacted], the owner, will answer that letter. We hope to

hear from you either by phone or e-mail. I hope this takes care of your problem.

Thank you, [redacted]

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

The solution, as completed by [redacted], was to cut out a 3' by 5' patch, and re-blacktop it, some 18 months after the original contract was signed.

Yes, [redacted] is correct in that it snowed in October of 2011. However, that snow was immediately followed by rain, which melted away the effects of the Nor'easter we experienced. Furthermore, if the snow was the reason the driveway was delayed, phone calls could have and should have been made to explain why our $1000 deposit had been cashed, and no work was done. The only contact made at that time was to say that they were, in fact, coming later than initially expected. The last attempt was said to be, weather permitting, the week of Thanksgiving. The weather was clear and cool, and the driveway was not touched. There was no mention of closing shop for the winter, no mention made of getting to us first thing in the spring. We were left in the dark until April.

As the attached e-mails show, I contacted [redacted] office numerous times in the spring afterwards, to a) get the job done. According to his secretary, when she pulled the file, she "wasn't sure what the problem was." So, the job was not completed immediately in the spring as he indicated, I had to kickstart the process. b) when the job was finally completed, 6 months after the contract was signed, it was still done to different specifications than were agreed upon. I am sure [redacted] could attach a copy of the contract, and the diagram that accompanied it, which clearly shows a driveway of the dimensions 18 feet wide, by 22 feet long. After all, that is what I was being charged for (coincidentally, when asked if there would be anything done to make up for the enormous delays, [redacted] informed us that we were "lucky" we were still getting last year's price, since the cost of oil had gone up since then. That is, basically, what a contract is... isn't it? You agree to terms, timetable, and price, and expect all three to be honored). Their 21 foot width ruined a 3 feet wide by 22 feet long section of my yard, which had to be leveled, topped with soil, and reseeded. As the diagram will show, the dirt/waste removed was supposed to be dumped next to the sidewalk, on the edge of the property. Unfortunately, [redacted] people, including the original salesman, [redacted], were not prepared to follow said diagram, and instead left the dirt and rocks in the yard next to the driveway. When they returned, after more e-mails (attached) to fix the job, the blame was placed on us, as [redacted] and his crew asked why it was a big deal that they extended it by 3 feet. They were, in their minds, doing me a favor. Along with the cash only side favor they did for my neighbor at the time of the original work. I was not present at the time the initial job was completed, hence why the final payment (due in some time period after the completion of the job, as per their contract) was not paid until the corrections had been made. Despite [redacted] insistence, I never claimed to have paid at the time the initial work was done.

Also attached is an e-mail sent from my fiance in October 2012, stating that grass had begun to grow through the driveway, a mere 5 months after the completion of the job. We received one phone call at that time, which came while both of us were at work and unable to answer. The call was returned, and no effort was made to get in contact for the rest of the calendar year, and into the next. Not any sort of message to apologize, assure us that our business was important and would be handled in the appropriate time frame, or even to say they received the complaint. She then re-forwarded the same e-mail in May, and we were assured the problem would be fixed.

So, yes, as of 7/**/13, 21 months after the original contract was signed, we now have an 18' by 22' driveway, with a 3' by 5' patch in the upper left quadrant, a set of crass, rude e-mails and voicemails, including one from the aforementioned secretary, [redacted], calling us liars (since [redacted] was unable to see the spots where grass had grown through on his 7/** visit, mainly because my car was sitting in the driveway when he came) and telling us to "stop threatening them," when, in fact, it is their shoddy work and lack of professionalism that led to this series of events. Their best effort is to put an eyesore of a patch on, and then offer to do an estimate for sealing?

Either [redacted] and his associates have a poor communication flow between the office and the field, resulting in delays, empty promises, and slow response times; or they just don't live up to the "superior" title they've bestowed upon themselves. As stated in the original 4/*/12 e-mail, we didn't pick them for price, as there were 3 estimates that were cheaper. We wanted the job done better, and done right, and paid more to get it. And that is far from what we received for our money.

Sincerely,