Warner Paving & Excavating

Review: On 8/18/14 I contacted the company to sealcoat my driveways to seal all cracks ond holes by sealcoating them.We gave them the required down payment of 50% of the $600.00 cost.The work needed to be done because the driveways are below street level and constant rains wash down the driveway causes the cracks and holes. Were told the sealcoating would seal them.On 9/6 we met with the saleswoman to finalize payment but when inspected the work found many cracks and holes where not sealcoated .Gave her $200.00 of the balance holding $100.00 upon completion of the work.Were told the cracks and holes would be sealed later.On 9/12 called the salesperson and left a message asking when the work would be done as we needed to contact our security people as this is a gated community.No response. Recalled on 9/14 and still no response. On 9/15 sent a letter certified mail return receipt and received validation it was received Still no response.Desired Settlement: Want the company to fill in the cracks and holes and when inspected we will forward the balance of $100.00This is a summer house and want the work doneq uickly before the winter sts in and causes further problems

Review: In late November of 2012, I met with [redacted], owner of Warner Paving at my home, [redacted], We discussed removal of my existing driveway, installing a new driveway which would include an additional area, and installing a driveway at our rental property located at [redacted]., which is just next door. Both of which written contracts and verbal agreements he has breached.

We discussed driveway options and negotiated a separate price for each driveway. We agreed that Warner Paving would do all prep work on both driveways on November 26th. This would include removal of the existing driveway at [redacted], excavating the additional driveway area and installing 4” of base stone material. At [redacted], he would re-grade the existing driveway and add base material as needed to properly prep it for blacktop. He would then return several days later to pave over the newly prepared areas. On November 26th Warner Paving arrived as agreed at 7:30 am and did the prep work. At around noon, I received a call from my wife saying that Warner was actually applying the blacktop. **. [redacted] took it upon himself to pave both driveways that same day. No authorization to do any additional work other than the grading and base prep was given that day. It was my intention to inspect the new base and also take a day off from work the day of the paving. Doing the blacktop on the same day now prevented me from inspecting the prep work, and prevented me from overseeing the install of the blacktop. ( I always like to be home during any type of expensive work on or around the house). The driveway was roped off by Warner Paving and as per their instructions no one drove or walked on them until the following Saturday (12/1/12). On Saturday, upon close inspection of the new driveway at [redacted], I noticed that it was lower than the previous driveway. The new driveway was now below the adjacent lawn area, it was also 1” below the stone platform at my front steps which created a tripping hazard and it dropped almost 2” ramp like, 3” from my garage entrance to the new driveway over a distance of 18” from the garage opening. This created a slipping hazard due to a now steep and abrupt incline out of my garage. I also noticed a large puddle on the new driveway at [redacted]. Due to uneven pavement. I immediately called **. [redacted] of Warner paving expressing my concerns. He came back to the houses on December 5th and left a note stating he would return in the spring to fix the problems.

In April of 2013 [redacted] and I met at [redacted] to discuss corrective action of the 1” lip and ramp coming out of the garage. At this time I also pointed out to him that one of my cars (Mazda Miata) had been parking in a section of the new addition area and was sinking in the new driveway leaving tire impressions. Also weeds were growing through the new addition area. Both of these new issues are indicative of improper base prep. (this is according to other pavers and internet research), and that throughout the entire edge of the driveway, there was in no areas 3” of blacktop as agreed to in the contract. All areas were measured to be between 1” and 2 1/4“ which coincides with the fact that the driveway is lower than the garage, lower than the stone platform and now lower than the lawn area too. [redacted]s proposed solution was to “patch up” the tire impressions, and “patch” up the lip by the stone platform (tripping hazard) adding a layer of patch blacktop and ramping it into the existing area and there was no real solution to the ramp coming out of the garage or for the rest of the driveway being less than 3” thick as contracted. I told him that patching a new driveway was unacceptable because as per our initial discussion, patching the original driveway that had 2 cracks in it was not an option to me. I wanted a nice uniform driveway with no cracks or lines.

**. [redacted] and I also looked at the driveway I contracted for at my rental property, [redacted]. I showed him that he paved this driveway in such a way that it was now incorrectly pitched 1 inch over a 6 foot area sloping directly towards the house, and also pitched on the left side driveway towards the house, meaning when it rained, the rain water flowed directly towards the foundation of the house instead of away from the house which can result in water in the basement, which is exactly one of the concerns that we discussed prior to the contract. I specifically requested the driveway at this location be pitched away from the house. The incorrect pitch was in two areas. The first in front of the steps and the second on the left side of the house. Also there was a 4’ area which retained water ( commonly called a birdbath) in the center of the new driveway. This area collected water from rain as well as melting snow and became a frozen puddle through most of the winter creating a slipping hazard to the tenants and a liability for me. Also 6 inches from the edges of this new driveway were breaking apart, as well as the areas near the roadway having multiple cracks throughout. This driveway was also less than 3” thick. It was around 1 ½ “ throughout. **. [redacted]’s solution to these problems was to cut out the bad areas and repave those spots. Or another solution was to pave over the whole thing with 1” of additional asphalt. I told him these were unacceptable solutions because I didn’t want a new driveway cut up and patched and he was unwilling to guarantee that the 1” layer he proposed would not separate from the existing layer.

After several conversations of possible solutions, including a full refund, which I also declined, stating that I just want it done right, **. [redacted] said he would return on Tuesday, May 7th to remove both of the driveways entirely, and prep them both correctly. He would then return two days later on May 9th to repave them both correctly with 3” of asphalt, as the contract states, leaving no lip at the stone platform or ramp at the garage. The driveways would be pitched correctly away from the house and there would be no puddles that could freeze. I agreed to this resolution.

**. [redacted] arrived on Tuesday, May 7, 2013 removed the driveway rolled the uneven base and left without speaking to me. As I stated earlier in this complaint, I did not see the prepped driveways because he paved them the same day he prepped them while I was in work. Upon removal of the driveway at [redacted]. I noticed that he did not install the base material as required by the contract. Instead he paved right over dirt and mud in some areas.

I called **. [redacted] on Wednesday, May 8th to inquire as to if he would be re-grading the driveways tomorrow as well as repaving. It was then that **. [redacted] informed me that he had no intention of returning at all, and would not be repaving, and instead, be putting a check in the mail with my refund. He stated that he could not provide me with service that would meet my “exacting standards”. I do not feel that doing a quality job is too much to ask for. The service that he provided at both properties as salesman, owner, excavator operator, and on job supervisor left much to be desired.

I received a check for $4400.00. I paid $6180.00. He kept $1780.00 for removal of old driveway, excavating and putting down stone. In his note to me with the refund check, he states I paid $6000 for the driveways and is keeping $1600.00 for removal and disposing of old driveway, excavating and base prep. He also combines the two contracts as 1 refund. I have two separate contracts for two separate driveways. The contract for this driveway is for $4000.00 which includes prep and installation of new driveway. The other contract is for $2180.00 He breached both contracts by not prepping properly, he did not grade properly, did not install the base material in sufficient amounts and did not install the proper amount of blacktop , as stated in the contracts, and left me in a negative, worse off position than I was in prior to his work.

With the blacktop removed, Warner paving left me with (at [redacted]) a 3” lip at the platform by my front steps, I am unable to use my garage as they left a 3” drop off there from removal of the blacktop. Due to recent rains, the driveway base is beginning to erode (the driveway is on a slope). Over at [redacted]ail, I have tenants complaining to me that they are tracking mud, gravel, and dirt into the house due to there being no pavement. They are unhappy that there is no driveway now where there once was when they signed the Lease, and are requesting that I reduce the rent because they are constantly sweeping the porch and vacuuming debris tracked into the house from the mud and gravel that Warner Paving left behind. The resolution agreement between Warner Paving owner [redacted] and myself was to remove the poorly paved driveway and re-pave it two days later the proper way, the way it should have been done the first time. Instead he removed both driveways and abandoned the job. I believe Warner paving should also be held accountable for any reduction in rental income I suffer from their breach of contract. I am currently trying to get estimates from other pavers to fix the problem Warner Paving left me with. However with this being the busy time of year for pavers it has been difficult to get contractors here for estimates and I may be in this situation for several months. This Company was very unprofessional and they lied about their intentions, tried to cover up their poor work, and I believe intentionally left me with no driveway and unable to use a portion of my home knowing they would not return after the driveway was removed.

Although he did remove and dispose of the existing driveway, the grading and base prep work was not correct (weeds growing through, vehicle leaving sinking impressions, paving over dirt and mud without proper placement and pitch of base material). This will be redone by the company I eventually hire to fix their errors. Warner Paving breached the written and verbal contracts and agreements we had for both properties. I believe I should receive a full refund for these contracts. $4000.00 for [redacted]. and $2180.00 for [redacted]. I have received a partial refund of $4400.00. I believe I am entitled to the remaining $1780.00 refund. Thank you for your help in this matter.

Paul DeColaDesired Settlement: Full refund