Complaints

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• Initial Complaint

  Date:02/05/2024

  Type:Product Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  1/23/2023 entered into a contract with MidAtlantic Asphalt for a pickleball court in my backyard. It was completed April 25, 2023
  I was told concrete would last longer than asphalt by the salesperson, Gail D****, and chose that option.
  Within 4 months, the surface cracked and bubbled up, causing deflection of the ball during play.
  I requested repair of the surface since it was unusable for the intended purpose.
  The owner, Brad F****, stated the fine print in the contract does not warranty any surface over concrete for any amount of time, despite his salesperson telling me that concrete would last longer than asphalt. At no time did Gail ever mention the potential for this degree of cracking of the surface if concrete was used. My front porch is concrete and after 30 years, only has a hairline crack. He offered to charge me additional $ to patch the cracked areas but would not guarantee that work either since his fine print covered his obviously defective product.
  The $ was paid infull on time as agreed in the contract. The surface did not last even 4 months before it became defective.
  I do not want to pay additional $ if the product is still not guaranteed to last.
  I want my $ back to seek a resolution with a different company.

  

  Business Response

  Date: 02/11/2024

  The contract was executed by both parties on 1/6/23, which per the “Conditions” on our contract, “This proposal, when executed by the Customer, shall be a binding and enforceable contract between the Customer and MAA.”
  
  Under the “Sport Court Terms and Conditions Warranties” section, the executed contract reads, “The appearance or reappearance of surface and/or structural cracking or any conditions caused by settlement and/or standing water are not covered.  MAA does not warranty cracks repaired with *********** Acrylic Patch Binder, *********** CrackMagic or any crack that was repaired by others.  MAA does not warranty *********** ColorPlus, ******** Sport Surfacing or the ***** Crack Repair system installed over a rubber matting, a fiberglass membrane, or a concrete surface.”
  
  Contract specifies in the “Concrete Pad” portion of the contract:
  Excavate and grade (28x60) 1,680 SF.
  Dispose of all debris offsite to a recycling center.
  Compact existing subbases to achieve maximum density.
  Install forms/frame concrete area.
  Install gravel.
  Install plastic vapor barrier.
  Install wire mesh, as needed.
  Install 4” full depth 3500 PSI air entrained concrete with air & fiber.
  Create control joints as needed.
  Concrete surface to be light broom finish to ensure traction.
  Remove forms and backfill adjacent disturbed areas using onsite materials only.
  Clean all disturbed areas.
  NOTE: Concrete must cure for one month before coloring.
  
  The purpose of installing control joints is to control the location of cracks that form when the concrete slab "contracts" due to drying shrinkage, settlement, or temperature changes.
  
  The “Concrete Pad” portion of the contract was installed on 2/13/23, 2/14/23 and completed on 2/15/23.
  
  The industry standard recommends building concrete sport courts with a control vapor barrier, control joints and a medium broom finish.  
  
  The acid etching, power washing, acrylic adhesive promoter, acrylic material, and line striping portion of the contract was executed on 4/12/23, 4/13/23, 4/14/23, 4/17/23, 4/18/23 and was completed on 4/19/23.  
  
  On 9/21/23, Ms.****** emailed Mr. F*****, MAA’s Director of Operations, “I noticed a long crack in the middle of the pickleball court along the center line. It is causing deviation of the ball when the ball hits the crack.  Would you be able to come out and take a look?”
  
  On 10/6/23, Brad F***** responded to Ms. ******’s email, “Per my voicemail I stopped by your residence yesterday to look at the cracks in your concrete pickleball court.  Looking at the edge of the court the cracks are appearing in every control joint that was cut into the concrete to control the cracking of the concrete pad.  During the construction of your court, you questioned the cracks in the court which were filled during the coloring process with a elastomeric cold pour crack sealant designed for use in cracks on sport and recreational pavement surfaces.  Unfortunately, there isn’t much that can be done with a concrete court that is cracking, concrete cracks for a variety of reasons but exposure to moisture penetration and a range of temperatures are the leading causes of it.  Please see the attached screen shot from your contract which outlines there being no warranty for the materials applied over a concrete surface.”
  
  In conclusion, Mr. F*****, MAA’s Director of Operations, and Ms. D****, MAA’s estimator, have been in constant communication via phone conversations, text messages and emails with Ms. ****** throughout the entire building process, including after the project was completed on 4/19/23.  MAA does have all text message, email communications and photos.  
  
  The cracks that Mr. F***** referenced in his October 6th email to Ms. ******, are the control joints that were installed during the concrete installation phase, per the executed contract.  According to Mr. F*****, Ms. ****** did not like having control joints on the sport court; therefore, Mr. F*****, at no cost to Ms. *****, had MAA employees fill the control joints, while crews are onsite in April 2023, with a *********** elastomeric cold pour crack sealant designed for use on sport courts.  This created a smooth surface over the control joints, which according to Mr. F*****, is what Ms. ****** wanted.  It appears that the *********** elastomeric cold pour crack sealant, installed at no additional cost over the control joints is what is currently cracking.

  Customer Answer

  Date: 02/13/2024

  
  
  Complaint: ********
  
  
  
  I am rejecting this response because:

  The salesperson, Gail D****, was asked specifically what foundation would be better, concrete or asphalt. She said concrete lasts longer and that is why I chose concrete. At no time was it mentioned verbally during any and all conversations that the company would not warranty the surface over concrete. I find this deceptive!!! NONE of my verbal conversations were augmented by a 'by the way, there is no warranty after you spend $48,000' so MAYBE reconsider and use asphalt. If I had been counselled appropriately, I would have chosen asphalt if that was covered and not the concrete.

  Actually, it is not the concrete at all. It is the court surface breakdown over the joint spaces/controlled breaks within the concrete. The surface they use does not hold up over the joint spaces. It looks fine over the actual concrete away from the joint spaces.  THEY obviously KNOW this and that is why they phrase the contract stipulations as they do. I was told that you must have controlled breaks in the concrete for expansion and contraction of the concrete over time. The integrity of the surface over those mandatory joints did not last more than 4 months. That is the true issue.  The court surface does not hold up over the spaces and should not be used. The filler product and or joint space is inappropriate for the overlying court surface and should not be offered for such an expensive installation. They provided a service KNOWING full well the surface would not last or was inadequate/ inappropriate over the filler in the joint spaces. This company offers concrete as a foundation, but neglects to mention and yet, continues to use a filler in the concrete controlled joints that is WRONG and not appropriate for the overlying court surface. It is lack of transparency and truthfulness.  It is voluntary and willful omission of a known inadequacy in that option for this product and they should be held accountable for lack of full disclosure. Hiding behind the 'fine print' is WRONG! I am not uneducated. This was never disclosed and should not be hidden in fine print.
  

  THIS IS DECEPTIVE! IT IS WRONG!  

  There was no harsh weather or environmental issues in that short period. 

  My front porch is concrete and has a minimal hairline crack after 31 years. It is not the concrete.

  
  
  
  
  Sincerely,
  
  
  
  ***** ******

  

  Business Response

  Date: 02/23/2024

  At MAA, we believe it’s a good idea to sometimes take a step back and put ourselves into the other persons shoes to get their perspective on things.  In Ms. ******’s case, we did just that and we understand her point of view in reference to the investment that she has made into building her court.  Furthermore, we understand her concern in reference to the Elastomeric Cold Pour Crack Sealant that was installed in the concrete control joints that is cracking. At MAA, we always do our very best to ensure that our customers are pleased with the service that they receive and the product that is delivered, of course, within reason.  
  
  With that said, MAA will address Ms. ******’s concern.  MAA will remove the existing Elastomeric Cold Pour Crack Sealant from the concrete control joints.  Once the Elastomeric Cold Pour Crack Sealant is removed, MAA will install Sikaflex, which is a more durable product than the Elastomeric Cold Pour Crack Sealant.  After the Sikaflex has cured, MAA will install (1) coat of Acrylic Resurfacer and (1) coat of Acrylic Neutral Concentrate color over the Sikaflex.  Finally, MAA will install (1) additional coat of Acrylic Neutral Concentrate color, to match the existing colors, over the entire pickleball court.  This will address Ms. ******’s concern with the existing Elastomeric Cold Pour Crack Sealant cracking.  
  
  Due to product temperature specifications, these products cannot be installed until the weather warms up to meet or exceed those specifications, which in Maryland is typically the months of April or May. 
  
  For agreeing to address Ms. ******’s concerns, we ask if Ms. ***** is willing to rescind the two complaints that she has filed?  One complaint with the BBB and an additional complaint through the MHIC.  
  
  We are hopeful that our offer to address Ms. *****’s concerns resolves the outstanding issues in her complaints with the BBB and the MHIC and she would consider withdrawing both.