M & J Asphalt Paving

After a thorough investigation and several on-site visits, M&J Asphalt Paving Company Inc. has determined the drainage issues referenced by the [redacted] Condominium Association in their complaint for work completed in Summer 2015 are not the result of poor worksmanship or improper...

engineering on the part of M&J. Instead, the drainage issues occurring on [redacted] driveway are part of an inherent defect in the property design itself, and M&J worked to the best of its abilities to remedy a property with inadequate drainage and little recourse to fix it. Previous to M&J replacing the driveway, the issues with drainage at Heatherwood were well documented. When M&J was contracted to do the work, the client complained of water draining down the roadway and into resident garages. The street is at a much higher level than the garages. This cannot be fixed, and the client was made aware of that. What could be fixed was paving the lot to move the water to a more optimal location. The water now drains to a landscaped area. Unfortunately, during times of heavy rain, the landscaped area can’t hold and drain all of the excess water, so some of it moves back toward the roadway. At no point now does water flow to the resident garages. It has been successfully rerouted away from personal property as was the initial scope of work for this job.The reason why the client never noticed the pooling water before M&J’s work was that the parking lot was so badly cracked and damaged, all of the excess water seeped through the pavement and into the sub-base, further weakening it. M&J proposed and completed work that moved the excess water away from the garages to a more optimal area (the landscaped area) and that any excess water that did run back on the drive would pool instead of penetrate. In short: There is nowhere else for this water to go. The property itself, due to its placement, is at an inherent disadvatage that is not the fault of M&J. M&J worked to minimize this issue and prevent water from damaging personal property, which it successfully did. After discussing the issue with [redacted], M&J proposed a drywell solution that could handle the excess water and solve this problem, but the Village unfortunately declined.The engineering firm [redacted] brought onboard stated that the driveway was improperly sloped but what was left out of the complaint was that the engineering firm could not offer a solution to fix the defects inherent in this parking lot. It is not improperly sloped because there is no proper slope to remedy this issue. Moreover, there is no silver bullet solution for the project because the water can only go to two locations without a drywell—either to the landscaped area or back toward resident garages. M&J does not believe this to be a warranty issue because the work was successfully completed within the scope of work outlined in the contract and signed by the client. Following completion of this work, one of our staff members walked the property with the client to document any punch list items. M&J completed all of those minor issues in a prompt and complete manner. The client signed off on the job as successfully completed and at no time mentioned drainage nor any additional issues. We take complaints of this nature very seriously, and our firm has nearly 40 years of craftsmanship, professionalism and responsive customer service to stand on. The entire case is now under attorney review, but M&J stands behind the performed work and is amenable to continue working with [redacted] to find the right course of action moving forward.

After a thorough investigation and several on-site visits, M&J Asphalt Paving Company Inc. has determined the drainage issues referenced by the [redacted] Condominium Association in their complaint for work completed in...

Summer 2015 are not the result of poor worksmanship or improper engineering on the part of M&J. Instead, the drainage issues occurring on [redacted] driveway are part of an inherent defect in the property design itself, and M&J worked to the best of its abilities to remedy a property with inadequate drainage and little recourse to fix it. 
Previous to M&J replacing the driveway, the issues with drainage at Heatherwood were well documented. When M&J was contracted to do the work, the client complained of water draining down the roadway and into resident garages. The street is at a much higher level than the garages. This cannot be fixed, and the client was made aware of that. What could be fixed was paving the lot to move the water to a more optimal location. The water now drains to a landscaped area. Unfortunately, during times of heavy rain, the landscaped area can’t hold and drain all of the excess water, so some of it moves back toward the roadway. At no point now does water flow to the resident garages. It has been successfully rerouted away from personal property as was the initial scope of work for this job.
The reason why the client never noticed the pooling water before M&J’s work was that the parking lot was so badly cracked and damaged, all of the excess water seeped through the pavement and into the sub-base, further weakening it. M&J proposed and completed work that moved the excess water away from the garages to a more optimal area (the landscaped area) and that any excess water that did run back on the drive would pool instead of penetrate. 
In short: There is nowhere else for this water to go. The property itself, due to its placement, is at an inherent disadvatage that is not the fault of M&J. M&J worked to minimize this issue and prevent water from damaging personal property, which it successfully did. After discussing the issue with [redacted], M&J proposed a drywell solution that could handle the excess water and solve this problem, but the Village unfortunately declined.
The engineering firm [redacted] brought onboard stated that the driveway was improperly sloped but what was left out of the complaint was that the engineering firm could not offer a solution to fix the defects inherent in this parking lot. It is not improperly sloped because there is no proper slope to remedy this issue. Moreover, there is no silver bullet solution for the project because the water can only go to two locations without a drywell—either to the landscaped area or back toward resident garages. 
M&J does not believe this to be a warranty issue because the work was successfully completed within the scope of work outlined in the contract and signed by the client. 
Following completion of this work, one of our staff members walked the property with the client to document any punch list items. M&J completed all of those minor issues in a prompt and complete manner. The client signed off on the job as successfully completed and at no time mentioned drainage nor any additional issues. 
We take complaints of this nature very seriously, and our firm has nearly 40 years of craftsmanship, professionalism and responsive customer service to stand on. The entire case is now under attorney review, but M&J stands behind the performed work and is amenable to continue working with [redacted] to find the right course of action moving forward.