Spoon River Blacktop LLC

Initial Business Response / [redacted] (1000, 11, 2015/06/29) */ June 25, To Whom It May Concern, Reply to Case #XXXXXXXX from Spoon River Blacktop, LLC On June 13th, I, owner [redacted] ***, went by the location of driveway at [redacted] Groveland, ILI observed some vegetation growth on south side of drive and bumps in one areaIt's some kind of vine vegetation or tree roots trying to come through the asphaltWe address this possible problem in our terms on the back side of proposal(See attached.) Also, the home owner didn't follow contractor's recommendations about application of driveway emulsion sealer at least annually to rd vegetation growth, etcDriveway is years old and home owner chose another contractor to apply sealer of some kind once or twiceOur contract plainly states if sealcoating is done by anyone other than Spoon River Blacktop, LLCit voids any warranties contained hereinWe hand apply pre-mixed sealer, we do not spray it onThe homeowner mentioned in a telephone conversation after I had observed the driveway that it had been sprayed with sealer at least onceI told home owner that the problem is vegetation and he needs to apply some root or chemical to kill the problemHe failed to do so again Our sealcoat crew came by in good faith 6/19/to work on the problem even though the homeowner's guarantee has been violated by not following the terms of the 6/6/contractFollowing is from a hand written explanation of what transpired by my sealcoat manager, [redacted] "One June 19, at 2:PM we went by Dr [redacted] 's house at Locust Grove, Groveland, to repair the edge of his driveway that had vegetation growing up through the blacktopHe (Dr [redacted] ) came out and we told him why we were thereThat we were to cut around the bad areas, dig out roots, and put root killer in the spots, put base back and patch the holesHe told us it night fix the problem temporarily but he thought it would just happy again in another area because he doesn't think there's inches of blacktop throughout the drivewayHe then told us he had [redacted] County Asphalt coming by to drill holes to check the thickness and if it's not, [redacted] should be liableI then said, so you don't want us to repair the bad spots today and he said no it would just be a temporary fixI told him okay and we left." Homeowner wants to go by the theory that the asphalt isn't thick enough in this problem area of vegetation growthWe disagreeAs stated in [redacted] statement, homeowner is having [redacted] County Asphalt come by to drill some holes in his driveway to check thicknessThey are union and also a competitorYou have to take a proper number of samples and average the thicknessIt has to be done by an engineering firm, not a competitorWe are a non-union company that has been in odds with their employees, not the owner of [redacted] County Asphalt and [redacted] Coal Asphalt of [redacted] (who are also union)Homeowner has been happy with our workmanship on a most difficult drive to do, until nowThere was tons of asphalt placed on this driveI could go into more detail about the contract if needed later :Terms of SRB.jpeg:

Initial Business Response /* (1000, 7, 2016/06/10) */
Reply to case #XXXXXXXX
Now comes Spoon River Blacktop, LLC. As stated by Mrs. [redacted], we did driveway 9/21/15. Mrs. [redacted] was concerned later about a puddle on the northwest side by stairway. My seal coat manager Dan did respond to her...

concern and worked on the issue as stated by Mrs. [redacted] that same fall near winter. The products we use are water based and can't be applied in rain or cold temperatures. Our help is laid off in winter months. We do some estimates in the winter months, but not asphalt work. Mrs. [redacted] didn't listen and began calling in the winter as she stated in her complaint. Dan did respond this spring and offered to work on the concern. She refused to have Dan do anything but she asked for a settlement of $1000.00 instead as she was moving because of her husband's job coming up in Kansas. Dan told her that the owner, Mike would have to get with her.
I, Mike Stahl, the owner of Spoon River Blacktop, came out on 5/15/16 as she stated in complaint. I wasn't on job when asphalt drive was laid or after last year. Mrs. [redacted] had run water on the spot she was concerned about. I took 3 quarters and laid them down in the water area, the thickness of the 3 coins was 3/16ths of an inch. I offered to build up area over several visits when I came to Morton, even knowing that we were within our contract terms. Our contract states we complied to terms if water spots are 7/16ths or less within 24 hour period after rainfall, not garden hose or other implement. Mrs. [redacted] stated to me, Mike, that they were moving in two weeks to Wisconsin or Chicago area instead of Kansas. Mrs. [redacted] stated she would have a lawyer oversee the property when they left the area.
Also, Mrs. [redacted] didn't complain about water at garage to me. As for that, we only blacktopped up to the older concrete in front of the garage that showed a lot of age. The house sits in a valley below the street. The garage is under the living area of the house. The puddle in complaint came from the roller stopping away from the garage, as there was no choice in the situation. I gave Mrs. [redacted] my cell phone number so she could contact me directly later, if needed. As stated, she hadn't even moved and was mad that I didn't get there quicker. She said she was having a bad day. She said she was going on Facebook, etc and trashing our name. It wasn't normal behavior for a customer to exhibit when she had agreed earlier to let me get it done my way. We are within the terms of our contract and refuse to go on her property with her mental behavior now.
Sincerely,
Mike Stahl
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Initial Consumer Rebuttal /* (3000, 9, 2016/06/14) */
(The consumer indicated he/she DID NOT accept the response from the business.)
NO I DO NOT AGREE WITH MR. STAHL!!!!
9/21/15. Mrs. [redacted] was concerned later about a puddle on the northwest side by stairway. THE PUDDLE IS NOT BY A STAIRWAY THERE IS NO STAIRWAY! THE SIDEWALK INFRONT OF THE STEP AND THE PUDDLE IS A GOOD 1 1/2 TO 2 FEET FROM THE SIDEWALK.
My seal coat manager Dan did respond to her concern and worked on the issue as stated by Mrs. [redacted] that same fall near winter. DAN DID COME OUT AND PUT A THICK COATING ON THE PUDDLE AND DRIED THIS WHILE THERE. HE ALSO PUT A LEVEL ON THIS TO SEE IF IT RAISED THE AREA AND NOTED THAT IT HAD NOT. DAN AT THIS TIME STATED REPAIR INVOLVED MORE THICKNER OR MORE WORK, AND THAT HE WOULD CONSULT WITH THE OWNER. BUT, ALSO STATED WITH IT BEING FALL, WITH THE COOLING OF THE WEATHER AND THAT RAIN AND SNOW IT WOULD MOST LIKELY HAVE TO WAIT UNTIL SPRING. I STATED "I UNDERSTAND THIS". The products we use are water based and can't be applied in rain or cold temperatures. Our help is laid off in winter months. We do some estimates in the winter months, but not asphalt work. Mrs. [redacted] didn't listen and began calling in the winter as she stated in her complaint. AS I SAID IN THE ABOVE STATEMENT, I UNDERSTAND ABOUT THE WINTER MONTHS. DURING THE WINTER MONTHS THE PATCH JOB THAT DAN DID STARTED PEALING AND CRACKING. I CALLED TO INFORM THEM OF THIS.THEY NEVER BOTHERED TO CALL BACK. IN FEBRUARY I CALLED TO REMIND THEM OF THE PUDDLE, THE CRACKED/PEELING PATCH AND WAS WONDERING IF WE COULD BE ON THE LIST FOR FIRST CALL WHEN THE WEATHER BROKE.(THIS IS 2 PHONE CALLS FOR THE WINTER). I DID CALL LATE IN MARCH WHEN WEATHER STARTED TO BREAK AND WAS TOLD IT WAS STILL TO COLD. IN APRIL I WAS TOLD THERE NEEDS TO BE MORE JOBS IN MY AREA TO MAKE IT WORTH THERE WHILE TO DRIVE SO FAR. I THEN GOT A FLYER IN THE MAIL WANTING TO KNOW IF I WANTED TO RESURFACE MY DRIVEWAY.THIS HAD DAN'S CELL PHONE NUMBER ON IT AND SO I CALLED DAN. EXPLAINED EVERYTHING INCLUDING THAT WE MUST MOVE DO TO EMPLOYMENT TO OKLAHOMA.HE STATED "I CAN RESURFACE THE DRIVEWAY BEFORE YOU MOVE TO MAKE IT LOOK GOOD" THE REPAIR OF THE PUDDLE HAS TO BE APPROVED OF BY OWNER.Dan did respond this spring and offered to work on the concern. She refused to have Dan do anything but she asked for a settlement of $1000.00 instead as she was moving because of her husband's job coming up in Kansas. Dan told her that the owner, Mike would have to get with her. YES, DAN DID COME OUT TO OUR HOME AND RECHECKED THE DRIVEWAY. DAN SAID THIS WAS "TO REFRESH HIS MEMORY" HE LAID 3 QUARTERS DOWN ON THE PUDDLE. HE ALSO NOTED HOW THE DRAINAGE IS GOING DOWN TOWARD THE GARAGE. ALSO NOTED ON THE FAR SIDE OF THE DRIVEWAY NEAR GARAGE THAT THE DRAINAGE THERE WAS NOT CORRECT EITHER.( I DID NOT NOTICE THIS).DAN ONCE AGAIN SAID HE WOULD HAVE TO TALK TO THE OWNER (BY THE WAY I DID NOT KNOW HIS NAME) ABOUT HOW HE WANTS TO FIX THIS. HE ALSO STATED " I CAN RESEAL THE DRIVEWAY BEFORE YOU MOVE" I HAD EXPLAINED TO DAN THAT MY HUSBAND HAD TWO JOB OFFERS ONE NORTH OF JOLIET, IL AND HIS ORIGINAL OFFER IN OKLAHOMA. WE WERE PLANNING TO MOVE BEFORE JUNE 6, 2016 AND WOULD BE LISTING THE HOUSE WITH A REALTOR. MY DAUGHTER WENDY WOULD BE THE CONTACT AFTER WE MOVED. DURING OUR CONVERSATION IT WAS OBVIOUS THAT IT WAS DEPENDANT ON OWNER AND THAT TIME WAS RUNNING OUT SINCE THIS WAS NOW EARLY MAY. I ASKED DAN, IF THE OWNER DOES NOT WANT TO REPAIR THEN REFUND US $1000.00 AND WE WILL BE DONE WITH THIS. HE STATED HE WOULD LET THE OWNER KNOW.
I, Mike Stahl, the owner of Spoon River Blacktop, came out on 5/15/16 as she stated in complaint.HE CAME OUT AFTER I CALLED AGAIN TO FIND OUT WHAT IS GOING ON WITH THE DRIVEWAY. I wasn't on job when asphalt drive was laid or after last year. MR. STAHL COMPLAINED THAT HIS SON DID THE BLACKTOP AND NOTED THAT HE MADE IT EVEN WITH THE SIDEWALK IN FRONT OF THE GARAGE. HE ALSO COMPLAINED OPENLY ABOUT DAN. Mrs. [redacted] had run water on the spot she was concerned about. I took 3 quarters and laid them down in the water area, the thickness of the 3 coins was 3/16ths of an inch. I HAD TO USE THE HOSE SINCE NO ONE FROM SPOON RIVER BLACKTOP WILL COME OUT WHILE IT IS RAINING.I HAVE BEEN TOLD THEY DO NOT WORK DURING THE RAIN.ALSO TOLD THAT IT WAS TO FAR TO DRIVE TO JUST COME OUT AND CHECK AFTER THE RAIN. I offered to build up area over several visits when I came to Morton, even knowing that we were within our contract terms. MR. STAHL STATED HIS WIFE LIVED IN MORTON AND CAME OUT ON WEEKENDS AND NOT TO BOTHER DAN ANYMORE AND TO TRUST HIM TO FIX THE PROBLEM. HE WOULD COME OUT ON THE WEEKENDS.HE DID NOT COME OUT THE FOLLOWING WEEKEND 5-21/22-16. DUE TO ALL THE PROBLEMS WITH SPOON RIVER BLACKTOP I DID NOT TRUST OR BELIEVE MIKE STAHL WOULD FOLLOW THRU.HE DID NOT!Our contract states we complied to terms if water spots are 7/16ths or less within 24 hour period after rainfall, not garden hose or other implement. NO THEY DID NOT COMPLY IF THEY DID THEY WOULD HAVE BEEN OUT ASAP WHEN I CALLED THE FIRST TIME AFTER IT RAINED WITHIN 24HOURS AND THEY DID NOT DO THIS. I EVEN ASKED FOR DAN TO COME OUT DURING A TIME WHEN IT WAS TO RAIN.HE DID NOT WORK DURING THE RAIN. WOULD NOT HAVE HAD TO USE THE HOSE IF THEY FOLLOWED THEIR OWN POLICY. Mrs. [redacted] stated to me, Mike, that they [redacted] moving in two weeks to Wisconsin or Chicago area instead of Kansas. I SHOULD KNOW WERE WE ARE MOVING TOO AND MR. STAHL NEEDS TO GET HIS FACTS STRAIGHT. NEVER MENTIONS WISCONSIN, KANSAS OR CHICAGO. JOLIET AREA NEAR CHICAGO AND OKLAHOMA ..FACT IS WE WERE MOVING.THE POSITION IN JOLIET AREA EVEN THOUGH THEY OFFERED MY HUSBAND THE POSITION THE COST OF LIVING WAS TOO HIGH. I SHOULD NOT HAVE TO JUSTIFY OUR REASONS FOR MOVING. THE OKLAHOMA POSITION WAS A SURE THING AND COST OF LIVING MORE REASONABLE. SO, ON JUNE 3, 2016 WE WENT TO OKC, OK AND FOUND A DUPLEX TO LIVE IN AND MY HUSBAND GOT AN EXTENSION ON HIS START DAY FROM 6-6-16 TO 6-20-16 AND WE MOVED ON 6-10-16. Mrs. [redacted] stated she would have a lawyer oversee the property when they left the area. I STATED IF MY DAUGHTER WENDY CANNOT DUE ALL THIS WE WOULD HAVE TO GET AN ATTORNEY TO OVERSEE THE SELL OF THE HOME. AT THIS TIME MR. STAHL STATED "I WILL DEAL WITH YOUR ATTORNEY THEN"!! Also, Mrs. [redacted] didn't complain about water at garage to me. As for that, we only blacktopped up to the older concrete in front of the garage that showed a lot of age. MR. STAHL OBSERVED THE RUN OFF TOWARD THE GARAGE AND THE ONE THAT DAN POINTED OUT. BOTH MY HUSBAND AND MYSELF SPOKE WITH MR. STAHL. The house sits in a valley below the street. NOT SURE WHY THIS IS AN ISSUE SINCE THEY ARE THE ONES WHO CAME OUT AND CHECKED EVERYTHING OUT BEFORE THE LAYING THE BLACKTOP.THIS WAS NOT AN ISSUE FOR THE PERSON GIVING THE ESTIMATE NOR WHILE THEY LAID THE BLACKTOP.The garage is under the living area of the house.THE GARAGE IS NO DIFFERENT THAN ANYOTHER HOUSE IT IS LEVEL WITH THE GROUND AND YOU STEP UP INTO THE HOUSE....STEP IS LESS THAN 12 INCHES.The puddle in complaint came from the roller stopping away from the garage, as there was no choice in the situation. THE PUDDLE AS YOU CAN SEE (PHOTO,S) IS INFRONT OF THE HOUSE NOT GARAGE. THERE IS A SIDEWALK AND 2-3 FEET BEFORE PUDDLE.
I gave Mrs. [redacted] my cell phone number so she could contact me directly later,NO, DAN GAVE ME MR. STAHL'S PHONE NUMBER SINCE HE SAID HE WOULD BE THERE ON SUNDAY 5-15-16 IT WAS LATE AFTER 4 P.M. SO I CALL DAN TO SEE IF HE(DAN) WAS STILL COMING OUT AND HE STATED MIKE STAHL WAS COMING.MATTER OF FACT THE OLDER GENTLEMAN WHO SHOWED UP DID NOT EVEN IDENTIFY HIMSELF.I HAD TO ASK HIS NAME AND WHO HE WAS WITH SPOON RIVER BLACKTOP. if needed. As stated she hadn't even moved and was mad that I didn't get there quicker.AS I HAVE MENTIONED BEFORE I AM NOT SURE WHAT CONCERN MY MOVING DATE IS BUT I REPEATEDLY TOLD EVERYONE INCLUDING MR. STAHL THAT WE HAD TO BE AT OUR NEW LOCATION BEFORE THE 6TH OF JUNE.She said she was having a bad day. THIS BAD DAY MR. STAHL IS TALKING ABOUT IS WHEN HE INFORMED ME AFTER HE DID NOT COME OUT THE WEEKEND OF MAY 21/22-16 AND HAD NO INTENTIONS OF COMING OUT SOON. THE REALITY OF BEING TAKEN AND THAT THEY HAD NO INTENTIONS OF FIXING THE DRIVEWAY SET IN. SO YES I WAS A LITTLE UPSET, ANGRY WHATEVER YOU WANT TO CALL IT. THIS IS ALSO THE MOMENT HE INFORMED ME HE WOULD ONLY TALK TO AN ATTORNEY. She said she was going on Facebook, etc and trashing our name. I SAID I WOULD REPORT THIS ON THE INTERNET WHICH IS MY RIGHT WITH THE FIRST AMENDMENT IN THE CONSTITUTION.I DID NOT USE THE WORDS FACEBOOK NOR DID I USE THE WORD TRASHING.I DID FIND AN INTERNET SITE FOR SPOON RIVER BLACKTOP TO RATE THEM.I DID THIS. BUT IT DID NOT SATISFY THIS INJUSTICE OF WHAT WAS BEING DONE.I COMPLAINED TO ALL MY FRIENDS ON FACEBOOK AND SHOWED THEM THE PHOTO'S.NO ONE SAID I WAS IN THE WRONG. It wasn't normal behavior for a customer to exhibit when she had agreed earlier to let me get it done my way. AFTER 8 MONTHS OF HIS WAY HOW MUCH TIME TO GIVE...TILL THE WARRANTY IS NO LONGER ANY GOOD?

Initial Business Response /* (1000, 11, 2015/06/29) */
June 25, 2015
To Whom It May Concern,
Reply to Case #XXXXXXXX from Spoon River Blacktop, LLC.
On June 13th, I, owner [redacted], went by the location of driveway at [redacted] Groveland, IL. I observed some vegetation...

growth on south side of drive and bumps in one area. It's some kind of vine vegetation or tree roots trying to come through the asphalt. We address this possible problem in our terms on the back side of proposal. (See attached.)
Also, the home owner didn't follow contractor's recommendations about application of driveway emulsion sealer at least annually to rd vegetation growth, etc. Driveway is 3 years old and home owner chose another contractor to apply sealer of some kind once or twice. Our contract plainly states if sealcoating is done by anyone other than Spoon River Blacktop, LLC. it voids any warranties contained herein. We hand apply pre-mixed sealer, we do not spray it on. The homeowner mentioned in a telephone conversation after I had observed the driveway that it had been sprayed with sealer at least once. I told home owner that the problem is vegetation and he needs to apply some root or chemical to kill the problem. He failed to do so again.
Our sealcoat crew came by in good faith 6/19/15 to work on the problem even though the homeowner's guarantee has been violated by not following the terms of the 6/6/12 contract. Following is from a hand written explanation of what transpired by my sealcoat manager, [redacted]
"One June 19, 2015 at 2:30 PM we went by Dr. [redacted]'s house at 11 Locust Grove, Groveland, to repair the edge of his driveway that had vegetation growing up through the blacktop. He (Dr. [redacted]) came out and we told him why we were there. That we were to cut around the bad areas, dig out roots, and put root killer in the spots, put base back and patch the holes. He told us it night fix the problem temporarily but he thought it would just happy again in another area because he doesn't think there's 3 inches of blacktop throughout the driveway. He then told us he had [redacted] County Asphalt coming by to drill holes to check the thickness and if it's not, [redacted] should be liable. I then said, so you don't want us to repair the bad spots today and he said no it would just be a temporary fix. I told him okay and we left."
Homeowner wants to go by the theory that the asphalt isn't thick enough in this problem area of vegetation growth. We disagree. As stated in [redacted] statement, homeowner is having [redacted] County Asphalt come by to drill some holes in his driveway to check thickness. They are union and also a competitor. You have to take a proper number of samples and average the thickness. It has to be done by an engineering firm, not a competitor. We are a non-union company that has been in odds with their employees, not the owner of [redacted] County Asphalt and [redacted] Coal Asphalt of [redacted] (who are also union). Homeowner has been happy with our workmanship on a most difficult drive to do, until now. There was 45 tons of asphalt placed on this drive. I could go into more detail about the contract if needed later.
:Terms of SRB.jpeg: