Contract to pave residential driveway was not fulfilled.
On June 5, 2014, '****' attended my residence at ** ***** Street in Cambridge to give me a quote on paving my driveway. She provided me with a quote of $1,600. and suggested a curb be erected as well. I decided to agree to a curb being put in which was quoted as $1,000. **** stated that the work would be done in September, as they were "very busy". This was fine with me. I never heard a word from them until late October and someone called me to say they would be there the next morning to begin work - no notice whatsoever. I agreed to them coming the next morning, and they did arrive. They excavated my driveway and put in a curb between my and my neighbour's backyard. I never heard another word from them - nothing. I left a couple of messages that went unanswered. In April of 2015, I decided to sell my home. I sent them an email informing them that I no longer wanted my driveway paved, but asked for a price to have gravel put down, and then we could settle the bill as I was going to be moving. Nobody ever responded to my email (yes I have a copy) nor the phone calls where I left messages. I have since moved, my home phone # did not change and I just received a call from these people this afternoon. I am most unhappy with their sad business practices, what with no return email, no return phone calls and worst of all, leaving my driveway in a muddy mess for nearly a year. While I recognize that they are entitled to be paid for their services, I do not feel that they are entitled to the full bill of $1,000. for the curb as the curb did me no good with a driveway full of mud. I am, however, willing to give them $500. and have this case closed. They did not even remotely live up to their end of the contract, and I had to live with a muddy mess, which was not exactly a great selling feature when I sold my house. Additionally, I do not want to receive any further phone calls from these people
I will offer these business owners $500. for their services. No more. They are not to contact me, nor my former real estate representative, nor the new owners of my home under any circumstances.
We quoted Mrs. ******* on June 5th 2014 for an asphalt driveway with a curb. At the time of the quote she was told it would be completed in the Fall. Job was excavated in the fall of 2014. Due to very poor clay base, gravel was added and compacted. We formed and poured the concrete curb, but unable to asphalt driveway due to soft areas. Customer was notified that the job was unable to be completed at that time of year. Customer was told that we would be back in the Spring.
In Spring of 2015 we received a call from the customer that the house was for sale and she would not be asphalting the driveway. She asked if we could gravel her driveway again, and we responded that early in the season it was impossible to do. We did not hear from the customer at all after that.
Throughout the summer, several calls were made to the customer regarding payment, but we did not receive any return calls. September 2015, we invoiced her and delivered to her home at ** ***** Street because we did not receive a return call from her. After we dropped off the invoice we received a call from the new homeowner of ** ***** St stating she was the new home owner, and gave us the phone number of the real estate. We called the real estate asking them if they knew *** ******* new address or phone number. Upon calling the real estate, *** ******* contacted the BBB with an offer of $500. That is not acceptable to us, as we are looking for full payment of $1,855.50 which includes the concrete curb and excavation of the driveway. Regardless of the client moving, our company completed the work that we are invoicing while *** was residing at ** ***** St.
We are prepared to accept $1,500.00 as payment in full.
I will respond in point form as to the issues presented in Botelho Paving's response to my complaint.
- first and foremost, it is the contention of Botelho's that their paving job was completed, it was not.
- there was an email sent by me in April 2015 asking for an amendment to the quote, to put gravel down and to receive an amended quote for the curb and gravel, and pay the bill. Botelho's response to the BBB was that this was a phone call, this is incorrect, it was an email, which I have a copy.
- Botelho's contention is that I am not someone who is willing to pay my bills. If that were the case, then I would not have let them know that I was selling my property and wanted to revise the contract and settle the bill, easily proven by the email I sent.
- I have never received a phone call from Botelho's, at any time, from the time they erected the curb in my driveway, until September 2015, after I have moved.
- The quoted price for the curb erected in my driveway was $1,000. as per my quote.
- Botelho's contends that their bill is $1,855.50 for their services, however, they are willing to accept $1,500. to close this complaint.
- I will pay Botelho's $1,000. for their services, but nothing more. Should this be accepted, the case will be closed.
Should this $1,000. payment not be accepted, I will welcome my opportunity in Small Claims Court to defend my case, at which time I will be counter suing.
Please advise. Thank you
Final Business Response
Re: Case #XXXXXXX, *** *******
We are responding to the last complaint, we will only accept $1,500.00 by the end Of November. If not, then we will be taking this to Small Claims Court.
******* Asphalting & Maintenance
Final Consumer Response
(The consumer indicated he/she DID NOT accept the response from the business.)
This has been a totally unprofessional company to deal with from the beginning.
The bottom line is that the contracted job was never close to being completed and I was left with a muddy, rut filled driveway which negatively impacted the sale of my home.
I will be happy to proceed to small claims court.