On September 27, 2023 Asphalt Help installed my driveway.
On November 21, 2023 I made a warranty claim.
As of today, it has been 10 Months and 8 Days since I made that initial claim without receiving repairs
Between me and my attorney, we have contacted Asphalt Help multiple times in writing. Nearly each time, we were assured by Asphalt Help in writing or by phone that corrective or warranty work would be completed, and in nearly every instance Asphalt Help failed to follow-up or no-call-no-showed for an appointment.
In a future update, I will post pictures of the flooding Asphalt Help's work caused on my property, a dead tree as a result of the flooding, a channel cut across my driveway circle rendering the circle unusable for over 3 months and counting, failing asphalt over a culvert pipe, and an aerial photo of a crooked run of driveway where it should be straight. We should expect a professional asphalt company to make a straight driveway, right? Not in my case.
Of note, on September 27, 2023 I paid Asphalt Help in full the contracted amount (minus the costs to repair a water main break that Asphalt Help caused).
Below are the real written messages between Asphalt Help, myself, and my attorney where we attempt to get these items addressed. After reviewing these communications you can decide for yourself if you want to do business with Asphalt Help.
Time elapsed without service:
Same day
Customer - 11/21/2023
Hi <redacted>. Hope your having a good day. This is <redacted> on <redacted> Lane. My driveway is performing well to date. However, when the driveway was installed I voiced concerns about the area enclosed by the turn-a-round flooding and that we should install a small drainage pipe. Flooding has become the case and the area floods with each rain and will become a mosquito breading area in warm months. Do you have any ideas how this can be resolved?
Asphalt Help - 11/21/2023
<redacted>, I’ll have to come out and take a look Buddy
Customer - 11/21/2023
Okay, thanks. I'm here about anytime. Just call first to be sure.
Asphalt Help - 11/21/2023
I’ll give you a call soon as I’m free sometime next week
Time elapsed without service:
29 Days
Customer - 12/22/2023
Hi <redacted>. Following up on the issue I brought up with you last month. I know it's a holiday week again. Can we get a meet on the schedule for January?
Asphalt Help - 12/22/2023
I’ll definitely have to schedule something for January cause I’m out of the country right now I won’t be back till January 4
Asphalt Help - 12/22/2023
We’ll get it rectified
Customer - 12/22/2023
Ok. Enjoy your holiday.
Asphalt Help - 12/22/2023
You as well, my friend
Time elapsed without service:
4 Months and 18 Days
Customer - 04/11/2024
Good morning <redacted>. This is <redacted>. Do you have an update for me for repair work at my residence?
Asphalt Help - 04/11/2024
I wish I did my friend the guy that I had planned to come out and give me an idea on what it can cost to get it done. It’s been out of town working on a bigger job. I’m waiting for him to get back hopefully, Friday I ’ll know something.
Customer - 04/11/2024
That sounds good. Thanks for staying on it.
Asphalt Help - 04/11/2024
Your welcome
Time elapsed without service:
6 Months and 13 Days
Customer - 06/06/2024
<redacted>, this is a partial history of our interactions since we engaged in contract to install a driveway at my residence.
09/20/23 - Installation of driveway. I inform <redacted> several times during the install that I fear the turn-a-round will flood and that a drainage pipe will need installed. <redacted> assures me it will not flood multiple times.
11/21/2023 - First contact via text about flooding in turn-around. <redacted> said he would come out and look. No follow up ensued.
12/22/23 - I follow up about flooding. <redacted> said he was out of the country and would meet when he returns to get it resolved. No follow up ensued.
03/04/24 - I follow up about flooding. <redacted> said he was in Florida and he would come out 03/11 to 03/15 to address. No follow up ensued and no-call-no-show.
03/25/24 - I followup about flooding. <redacted> said he will be out the next day.
03/26/24 - <redacted> shows up for appointment. 4 months has passed since first contact and constant non-responsiveness. <redacted> said he wants to explore going under the driveway, will fix the concrete on the back steps, and fix the cracking of the asphalt where the culvert is installed. No Follow up ensued.
04/11/24 - I follow up about flooding. <redacted> said he is waiting for his guy to get back with him and that I will be contacted on 04/12/2024. No follow up ensued.
04/18/2024 - Incoming call from <redacted>. Said he will have to cut the driveway and that I am on the schedule for 05.23 for a repair.
05/23/24 - <redacted> was a no-call-no-show for the repair work.
05/24/24 - I follow up about flooding and no-call-no-show. <redacted> said he will be out in the afternoon today.
05/24/24 - <redacted> was a no-call-no-show for the repair work.
05/28/24 - I follow up about flooding. I told <redacted> he was no-call-no-show on 05/23/24 and 05/24/24. Two people came out and cut a channel across the driveway today. Drainage repair completion will require a drainage pipe installed and the driveway patched. I asked about the cracking at the culvert. I was told they would take pictures and forward to <redacted>.
06/06/24 - as of today, I have a channel cut across my driveway and no follow from <redacted>. It has been 6 1/2 months since I first alerted <redacted> to actual flooding (that I said would happen back on 09/20/23) and that I needed it fixed and <redacted> agreed to fix under warranty. At risk are the lives of the two trees in the turn-a-round and mosquito breeding in the water. As of today, one of the trees has died. <redacted>, I respect and appreciate the initial work you did on my behalf, how you worked with me, and how you handled the problem that arose with the water main during the culvert pipe installation. All with professionalism and accountability. Given the facts from above, I am seeking a return to that same level of professionalism and accountability . I am also seeking replacement of the tree that has died as a direct result of not addressing the issue in a timely manner. The cost of the removal/replacement of a similar sized tree is $725 and I can provide you with a copy of the quote. I expect this work to be completed within 10 days as well as payment for the cost of the tree replacement.
Time elapsed without service:
6 Months and 25 Days
Customer - 06/18/2024
<redacted> on June 6th, you told me on the phone you would call me the next week (6.10 to 6.14) to schedule repairs. It is June 18th and I haven't heard from you. When will you complete the repairs?
Asphalt Help - 06/18/2024
I’ll be there tomorrow afternoon
Customer - 06/18/2024
Ok. I'll be here.
Asphalt Help - 06/18/2024
<thumbs up emoji>
Time elapsed without service:
7 Months and 23 Days
Customer - 07/16/2024
<redacted>, after initially warning you 3 times that the circle would flood on 09/20/2023, I contacted you 6 times from 11/21/2023 to 04/11/2024 to address the issue of active flooding. I urgently wanted you to come out immediately and remedy the issue as I knew time was against the trees' lives as they sat in water. Each time you assured me you would be out to follow up, and each time you no-called-no-showed, forcing me to reengage with you again and again. The reason I called so early and so often was an attempt to save the lives of the trees and I wanted to be the first job on your list of projects. On 03/26/2024, you met me at my house and assured me you would remedy the water issue, remedy the poor workmanship on the concrete steps on the back of the house, and fix the driveway where the culvert pipe is installed. Nearly 4 months later, and after repeated inquiries, none of those issues has been remedied, and you no-called-no-showed two more times.
06/06/2024 - I sent you a message highlighting all of your failures to remedy in a timely manner. I told you that I expected the work to be completed in 10 days time and the tree to be replaced at your cost. It is my understanding that you accepted these terms in our subsequent conversation.
06/19/2024 - you called me and let me know you did not feel qualified/set up for installing the drainage pipe and requested that I find someone to do the work. I made phone calls on your behalf and got you a quote for the installation work.
07/15/2024 - you called me and said you have 'generously' accepted the proposal for the drainage pipe install. However, you had the audacity to tell me you would not pay to replace the tree, even in light of the of the undeniable evidence that your negligence to rectify in a timely manner led to the death of the tree. We should also remember, you asked me to find you a quote for the work. I did what you asked. If after reviewing the quote you feel you can accomplish the work for less money, then by all means please do so.
07/16/2024 - <redacted>, I've kept quiet about this until now, but we should also ask why the driveway went 'crooked' as it approached <redacted> lane from my house. In addition, we should address the seemingly poor quality of the installation in that area as compared to closer to the house. <redacted>, this has been going on for 9 months. I have grown weary from attempting to manage you and looking at the unaddressed problems every day. This servers as notification that I refuse to manage and haggle with you any longer. I request reimbursement for the replacement of the tree that died due to your undeniable pattern of negligence. I also request that you provide me with a plan with dates when you will be out to address each issue (drainage, concrete, poor workmanship, tree, and culvert). You have 21 days (08/26/2024) to fully remedy all tasks. If you are not able to take ownership of this yourself, in a timely manner, and with communication, I will be forced to refer this matter to my attorney. I truly regret it has come to this
Customer - 07/16/2024
<redacted>, 21 days from today is 08/06/2024 and is the day all items need to have been remedied. Not 08/26/2024 in the previous message which was a typo. I apologize if the clarification caused confusion.
Asphalt Help - 07/16/2024
Upon my arrival, I was unaware of the tree's deteriorating condition caused by water. This issue became apparent when I received a $1000 invoice from the contractor for tree stump grinding. After discussing the matter, I agreed to the contractor's terms and gave the go-ahead for the drain installation. It is important to note that I had also agreed to address the step and asphalt after the drain installation. However, despite my request to involve the designated pipe installer, a landscaping company was hired instead. While this is acceptable, it does not cover the cost of tree replacement. Initially, our main focus was on redirecting drainage, which I promised to handle diligently. Once the drain installation is complete, I will promptly return to repair any damages to the asphalt and surrounding area, including the front culvert, while also ensuring that the step is restored.
Asphalt Help - 07/16/2024
Dear <redacted>, please rest assured that the drainage issue, asphalt, and stair repair tasks are all scheduled for completion on my end promptly following the installation of the drain. Thank you for your understanding.
Notice on 07/16/2024 the Asphalt Help said, "...main focus was on redirecting drainage, which I promised to handle diligently." This statement was made 7 months and 25 days after the initial call. Diligently, indeed!!
Time elapsed without service:
7 Months and 24 Days
Customer - 07/17/2024
<redacted> The person you are referring to is <redacted>. His phone number is <redacted>. <redacted> operates a backhoe and skid steer. I did not call him because I don't want heavy equipment damaging my driveway or lawn. You are free to call him to determine if he can provide better service than the landscape company I have not hired anyone for any work. You asked me for a quote and I contacted a company to provide you one. It is up to you to hire subcontractors if that is what you need. Referring to yesterdays message-- I will no longer manage this, if your desire is to hire from the quote provided, then you must call and schedule them. Please send me the quote for $1,000 for tree grinding. I think that is an unconscionable price too. If tree grinding is all that is involved then you should push back on the subcontractor. I will review and advise you. 08/06/2024 is your deadline for completing all remedies I outlined on 07.16.2024.
Time elapsed without service:
8 Months and 14 Days
Now it's time to get my attorney involved. Here are the exact emails sent by our attorney and the real response by the Asphalt Help. Names are redacted to protect privacy.
Email from Attorney to Asphalt Help - 08/07/2024
Dear Sirs:
My office represents <redacted> with respect to your Estimate #<redacted> and more
specifically, the deficiencies with respect to your work for Mr. <redacted> applying asphalt to
his driveway and installing concrete steps and walkway. As you are aware as a result of
Mr. <redacted>’ numerous communications over the past year, an island in the middle of Mr.
<redacted>’ driveway which you resurfaced has become a de facto retention pond, killing a
mature tree in the area. As you also know, at the end of the driveway, a drainage pipe at
has begun to pop through and deteriorate/crack the surface of the driveway and the
asphalt needs straightened. Finally, the cement steps who frankly shoddy workmanship.
If you need me to forward photos to you (all of which have already been provided to you
by Mr. <redacted>), please advise.
Mr. <redacted> has documented his attempts to amicable resolve these issues with you
without result. Accordingly, the purpose of this correspondence is to formally request that
you immediately rectify these items, and to otherwise invoke Mr. <redacted>’ written warranty.
Failure to commit to repairing/replacing these items on or before 8.15.24 and setting a
reasonable date certain to perform this work will result in Mr. <redacted> taking further which
could include potentially filing a complaint with the BBB and/or filing suit. Should suit be
necessary, I will recommend that he include a cause of action under Ohio’s Consumer
Sales Practices Act, Home Construction Services Supplier Act and/or ORC 905.51. Such
claims, if successful provide for an award of treble damages, attorney’s fees and/or
statutory damages.
Thank you for your prompt attention.
Very Truly Yours,
<redacted>
Email from Asphalt Help to my Attorney - 08/07/2024
Dear Mr. <redacted>,
Thank you for bringing these concerns to our attention. At Asphalt Help, we take pride in our work and strive to ensure complete customer satisfaction. We regret that Mr. <redacted> has experienced issues with his driveway and walkway, and we want to assure you that we are committed to addressing these matters promptly and professionally.
Regarding the concerns mentioned:
1. **Island Retention Issue**: We understand that the island in Mr. <redacted>' driveway has become a retention area, leading to water accumulation. Mr. <redacted> contacted <redacted name> at <Redacted Company> Landscape <redacted phone number> to address this specific issue. <redacted name> forwarded an estimate to us, which we promptly approved. We have been awaiting the completion of this work by <redacted landscape company> so that we can move forward with our repairs. Unfortunately, we have not received any further communication from <redacted landscape company> since the approval of the estimate. We will follow up with them to determine the status of the work and coordinate our repairs accordingly.
It’s important to note that, during our initial assessment and resurfacing of the driveway, Asphalt Help took steps to grade the surface area to accommodate positive drainage where possible. However, unforeseen site conditions or subsequent changes can sometimes impact drainage effectiveness. While Asphalt Help is not responsible for the natural site conditions or changes that led to the retention issue and the damage to the mature tree, we are committed to customer satisfaction. Therefore, we will cover the cost of the damages to the tree and the addition of a drain, as requested by Mr. <redacted>.
2. **Drainage Pipe**: The drainage pipe emerging through the asphalt is a concern that should not have occurred. We will review the installation and ensure that any necessary repairs are made to restore the integrity of the driveway surface.
3. **Concrete Steps**: We regret to hear that the workmanship on the concrete steps did not meet Mr. <redacted>' expectations. We stand by our commitment to quality and will review the work to determine the best course of action to rectify any issues.
We appreciate Mr. <redacted>’ patience and his attempts to resolve these matters directly with us. We are committed to addressing these issues within the scope of the written warranty provided and will ensure that they are rectified to his satisfaction.
To move forward, we propose a meeting at Mr. <redacted>' property to assess the situation in detail. We will reach out to schedule this at a convenient time before the August 15th deadline you mentioned. Our goal is to complete any necessary repairs or replacements promptly.
As a company, Asphalt Help has always valued transparency and customer satisfaction, and we hope to resolve this matter amicably. Please feel free to send any additional documentation or photos that would aid us in addressing these concerns more effectively.
Thank you for your cooperation and understanding.
--
Thanks,
<redacted>
Office Manger
This is a well crafted response! But there are multiple problems with it.
First, it took 8 months and 14 days and a letter from my attorney.
Second, it's not entirely factual. Claims about the situation with the Landscape company simply aren't fully true. Yes, Asphalt Help approved a portion of the work with the Landscape company. Asphalt help also received a text message on July 17th at 2:58pm, informing them they had to pay 50% down and have a credit card on file in order for work to start. <redacted> responded to that text message on July 17th, one minute later at 2:59pm, with one word, "Ok". Though Asphalt Help agreed to the terms, they never paid the Landscape company. Therefore, without the required down payment, the landscape company will not start the work.
Third, Asphalt Help said they would reach out to the Landscape company in their response above. They never reached out to the Landscaping company (or any other company to my knowledge) to schedule to drainage pipe install. The Landscape company is still waiting for a phone call as of 09/25/2024.
Fourth, Asphalt Help said they would meet with me. And I quote, "We will reach out to schedule this at a convenient time before the August 15th deadline...". They did not, as of 09/25/2024 it's just another "no follow-up" in a long list of "no follow-ups".
The key take-away here, even after a letter from my attorney and a quick response from Asphalt Help, we are still where we started. Lots of talk and no action. 8 plus months and counting.
Time elapsed without service:
8 Months and 28 Days
Let's try one last email from my attorney to see if we can get Asphalt Help moving.
Email from Attorney to Asphalt Help - 08/21/2024
While I appreciate your quick email response, Mr. <redacted> finds himself back in the position where he was when I penned my original letter to you on 8.7.24.
<redacted> did call Mr. <redacted> on 8.7.24 late in the afternoon and ultimately advised he would contact <redacted name>, Mr. <redacted>’ landscaper, to arrange for the quoted work to be completed. Parenthetically, Mr. <redacted name> previously tried to contact <redacted> twice without response. As of yesterday, <redacted> still had not contacted <redacted name>.
You also promised to reach out to Mr. <redacted> before 8.15.24 to schedule a meeting at the job site to address the other problems. This has also not occurred.
I now sense Mr. <redacted>’ frustration on resolving this issue.
Your company’s lack of urgency after many months and follow up is concerning to me. I urge you to immediately rectify this situation as you are quickly leaving Mr. <redacted> with no alternative but to seek redress through the court system.
<redacted>
Nope didn't work. It appears that Asphalt Help appears determined to not address its work issues and/or its warranty.
Time elapsed without service:
9 Months and 7 Days
I decided to call <redacted> one final time before this went to court to ask one simple question. The simple question was, "What is preventing you from doing the work?" He couldn't talk, but did send the following text messages to me.