Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

• Initial Complaint

  Date:06/26/2024

  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.

  Western NY Sealing and Paving is not offering resolution to a new driveway that has damage, waited over 4 months to come to look at my driveway, and accused me of hostility when I professionally responded to their explanation of why the damage was caused. In total, I paid the business $6,500 for a new driveway installation and sealing, and their description of 2 1/2 inches of filler for the driveway does not match the work that was completed, and is also causing the driveway to be damaged quickly by regular weather and environmental elements. All documentation is attached for your reference. I do not feel comfortable speaking with the operations manager directly based on her accusations.

  Business Response

  Date: 07/22/2024

  Since this all occurred however **** has accepted our fix of the free crack fill and we are also going to cut out two small areas and replaces a couple edges. 

• Initial Complaint

  Date:07/20/2023

  Type:Service or Repair 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.

  On June 14th, 2023, Western New York Sealing and Paving damaged a concrete slab on my property while removing an asphalt driveway located on an adjacent property. A portion of the concrete slab was removed and discarded. Other portions of the slab were damaged (severely cracked) and now present a hazard. The company's representatives have not offered a remedy to the issue that is satisfactory. On July 20th, 2023 a "Demand" letter was sent to the firm (regular mail and certified), requesting repairs be performed or financial compensation be paid. I have photographic evidence of the before condition and after condition, which clearly shows the damage the contractor caused.

  Business Response

  Date: 07/21/2023

  Hello, We have in fact met with ****** a few times to discuss his concerns. On the day of excavation and before the work was started we had to take pictures of the driveway we are repairing for *** ********** and our customer ******. ****** and ****** have proberty lines that are tightly adjacent to each other. His area being concrete and hers asphalt that is being replaced. Our project manager also met with ****** to do the original quote and walked the property. Visually inspecting all areas of the project. We have numerous documented photos of the said concrete area from 1 year ago, before we began work, during work, and at completion. The concrete ****** is saying was damaged was in fact in the same condition even 1 year prior to us excavating the asphalt and in bad condition. I have attached the photo showing the property before we began work and the finished exacavation. The only thing still holding ****** concrete area together was the asphalt that was flush against it. As there are 11 breaks in the 14wide by 37ft linear area. We have offered to remove the concrete for ****** and can actually at no cost fill that area with asphalt as it serves no purpose other than a property line divider. We have also offered to install new concrete for him for a fee but he would have to pay for labor and materials only. Our Mason did visit the property as well to validate what we already knew to be true. The base under his concrete is no longer stable. When the asphalt was removed it has caused his concrete to shift and rock in places as there is nothing holding it steady any longer until we replace the asphalt at *** ********** and her driveway. The cost to replace and make that area 1 consistent slab in the dimensions above is $2100. The Vice Presidant of our Company ******** ****** and myself as the Operations manager met with ****** and ****** for 1 hour on Thursday 7/13. We explained we had to cancel the pave for ****** due to his concerns. We are concerned with her safety as she is an 80 year old blind woman and we do not want her to go any longer with her driveway in stone as it is a tripping hazard for her. ****** and ****** have been neighbors for 25 years I was told. I left ****** with my business card and gave him a few different resolutions and asked himnto call me when he made a decision. He has not called me since we left that day. I explained we documented everything before we began the project. His concrete was already damaged. He is concerned most with an area of concrete that was about 6-8 inches long by 14 inches wide that did in fact crumble during the excavation as the asphalt was removed. Our excavator did remove that piece as it was no longer viable for anyone and less than 2 inches thick. We would gladly replace that piece alone in same thickness and size it was but it will not be attached to the other concrete. We explained multiple times that it should all be replaced and be one continuous piece. We are not responsible for the full 37 linear feet.   I explained to ****** and ****** the excavator was in contact with me multiple times during the excavation and ****** wife at *** ********** was also present during excavation of *** *********** She had multiple conversations with our excavator as well.  ****** at *** ********** was in touch with her attorney due to her concern for her neighbor. I have spoken to her attorney myself as well and provided all the photo documentation.  We have tried to help ****** and his concerns but he is insistent that we broke all of it which is a false statement. I will wait to hear from him as to what he would like to do. I see he is also now asking for compensation which he has not mentioned. We are willing as I said to replace the small piece that was removed or can offer him $500 to have his own Mason replace that small piece. He would have to let me know how to proceed.  Thank you  Office Manager  Kelly E***  It is not allowing me to upload the photos 

• Initial Complaint

  Date:07/10/2023

  Type:Delivery 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.

  I scheduled an appointment with Western N. Y. Sealing and Paving for June 29th . I prepped my driveway by mowing and weed whacking the edges of the driveway. I waited all morning and around 1;00 PM I called the company and asked when they would be at my house. They said my residence was scheduled between 2;00 - 4;00 . I waited patiently till 8;00 pm. They never showed up. I was very disappointed and little angry. I called the company that night and left a message. I asked to speak to the owner or a supervisor. I have not heard from this company since. I guess customer satisfaction is not a priority with this company. There are some underlying issues that occurred prior to June 29th . You would think that a customer who was trying to get their driveway sealed for over a year and was rescheduled six times because of the weather would have been first on the day of scheduling. By the way June 29th was rain free. Their business must be thriving this year, but to ignore a customer and not contact me is not a way I would run a business. Very disappointed in customer relations. Still waiting to here back from the owner or supervisor.

  Business Response

  Date: 07/11/2023

  Hello, Looking at the tracked conversations **** spoke the last time directly to the owner Michelle B***ett. He insisted he get $100 off his seal price. That is not something we can do. **** then cancelled his sealing entirely. There was no need to further call him as he was speaking with an owner of the company. We therfore did what he asked. **** was originally scheduled for a seal date of 6/16 and then due to weather we had to reschedule him to 6/24. **** then called on 6/22 and it was logged into the system at 12:30pm that he wanted to cancel his seal on 6/24 due to his weather concern and was added to 6/29. On 6/29 it is unfortunate but due to weather and predicted rain we had to limit the schedule. We can not seal if there is a potential chance of rain with in 3 hours of the seal. We do this to prevent any damage or sealer splashing up on garages etc. We would be happy to seal his driveway for him but it will be for the same cost he was originally quoted.. $383.99. We unfortunately can not control the weather. I see **** also cancelled his sealing in 2022 due to financial issues he explained on 9/12/22. In 2022 he was in fact also impacted by rain weeks we had in September and rescheduled once. Tje second attempt is when he cancelled. We have all been in contact with ****. If he would like to be put back on the schedule for the original cost he can call me directly at ************. I am the Operations Manager of the company. My name is Kelly E**** Thank you  

  Customer Answer

  Date: 07/13/2023

  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint. 
  
  There are numerous lies in the companies response. When they did get back to me the day after they stiffed me, did not show up. I asked to speak to Jason  B***ett. They did not give me a reason why they did not do my driveway as scheduled. There was no rain on June 29th as they say in their response. I even called them that day and asked what time they would be at my residence. They told me that day they would do my driveway between 2-4. They just never showed up and did not call me to say they could not do my driveway. I waited all day for nothing. Another lie they said I did not get my driveway sealed in 2022 because of financial issues. A complete lie on there part. After being canceled three times because of the weather, I told them I would wait till next season. It was either late September or early October at this point. I can not sit back and accept lie after lie from this company. I did reschedule twice this year and they had to cancel both times because of the weather. But on June 29th the weather was perfect no rain in sight . And the weather the next few days looked rain free also. They messed up and are lying to cover their own ***.
  
  Regards, 
  
  **** ******

  Business Response

  Date: 07/17/2023

  Hello, All customer communication is logged in our system. Verbal or written documentation. The explanation given in my last response was all the facts I have and that are noted. I am sorry that **** does not understand if we had to reschedule due to weather. In fact on the 29th we had to reschedule many customers due to it and how wet things still were. Had we sealed the driveway the outcome would not have been what we expect for our customers nor would he been satisfied with the seal. We do our best to always stay on schedule but won't sacrafice quality or damage to a customers home. If **** desires we can in fact recommend many of our other sealing peers to help complete his driveway. We have no reason to lie or make excuses and wish him the best for his future services. I apologize if he was not able to speak to *** ******* directly. He is more than welcome to call me as I am the Oerations and Office Manager and handle all accounts.  Sincerely,  Kelly E*** ************

  Customer Answer

  Date: 07/22/2023

  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.        I cannot or will not accept their response because it did not rain that day. Plus they did not notify me that they were canceling my sealing for that day. I in fact reached out to them around 1 P.M. and was told I was still scheduled between 2-4 the same day. I believe this company should be accountable for canceling a project and not notifying the customer the same day. I know they either scheduled too many jobs that day or they forgot my appointment. To blame the weather is an easy way out for them, but the weather had nothing to do with it on that day. All I can do is ask for some kind of honesty on their part. But they continue to lie and blame the weather. 
  
  Regards,
  
  **** ******

  Business Response

  Date: 07/25/2023

  The same day **** responded and rejected my original response I called and spoke with him directly. I explained we had no justification or reason to be dishonest with him. Our goal is to daily service all of our customers. The weather and pop up showers was in fact an issue, and how wet the ground was. We had to postpone 35 driveways that same day. Our process is to wait for our truck leaders to turn in all paperwork at end of the day. The office team and staff is not in the office past 4pm and therefore the call to him was the next day after all Truck lists were reviewed. **** insisted we were a horrible company. Therefore, I gave him names of other companies that seal in Rochester since he was unhappy with us. I apologize that he does not like the process we have in place and that we could not service him. He explained he would find a local company and not use "the city people". There is not much more I can do to help ****.  Thank you  Office Manager Kelly E*** 

• Initial Complaint

  Date:05/25/2023

  Type:Service or Repair 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.

  I was quoted per the attached invoice and then when they completed the job the charged $468.36. I want the difference returned and will never give them business again and make sure all people are aware of their scam.

  Business Response

  Date: 05/30/2023

  *****, I'm sorry about the confusion here. First, I want to say that we mailed your check back to you on Friday 05/26/23. We have adjusted the invoice and e-mailed it to you. To keep up with the estimates for sealcoating, we usually ask some questions about the condition of your driveway and measure in online, which allows us to get an accurate price. Occasionally, we are off. In your case, the forman realized that the price was lower than what is appropriate. We have a policy in place for these situations. We speak with the home owner prior to starting the job to inform them of the price adjustment, and if the customer agrees, we then proceed with the work. This is exactly what happened that day. Your wife understood what the foreman explained, agreed to the new price, then we performed the work. Most customers understand that we don't intentionally do this and realize the error was the result of us going out of our way to accommodate them as quickly as possible. We did not and do not scam people. We are an honest company that has been doing quality work for 25+ years. As you know from the conversation you had with our office staff on Friday, even though your driveway should've cost 468.00 based on the asphalt condition and size, we are only charging you $380.00. Please remit payment for the $380.00Thanks, Dominick  VP-Western NY Sealing and Paving Inc.  

• Initial Complaint

  Date:10/11/2022

  Type:Service or Repair 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.

  western ny paving blacktopped my driveway October of 2021. The company is very unprofessional especially Kellie office manager. Their work is shoddy. I was to pay $9,000. paid a $1,000 deposit the balance after job was finished. They finished the job and left. they ran out of product had to wait for another truck, seams all the way across driveway looks like a patchwork. Kellie emailed me invoice with balance due. I told her I was not paying, the work was shoddy and someone needs to come look at it. After numerous phone calls and text messages Dominick the VP came out and looked at the job. "I've seen better and I've seen worse". He wanted to seal coat it. I said it is like putting a band aid on a cut. I told him he had 3 choices. Rip it out & redo, top coat it on your dime or leave it and I am not paying you the balance. got no where with him Jay the owner came out. he had the same answer seal it were unwilling to offer any other solutions. Came to an agreement for them to come out in spring of 2022. i paid them another $4,500 and the remaining $3,500 would be paid after they put the 2 inch of fine topcoat on. I paid a deposit of $350 Sept. 12, 2022 they were to come on Sept. 22, 2022 after 2:00. camper needed to be out of the way & I was going camping. they showed up sept. 29, 2022 no phone call, this is one of the issues from last year lack of communication. Dominick wanted me to give him a check before they started. I was not paying until I was satisfied and the contract stated balance due when job is finished. Dominick said they wouldn't do the job. do it don't do it and I left. called the office asked for my $350 back. I was told no because it was money owed. so they are not only awful at their business they are also thieves. They never finished the job so they owe me my$350 back. Had 2 paving companies look at the job & they agree it is a bad job. I can't reiterate enough this is an awful company and I do not recommend them.

  Business Response

  Date: 10/12/2022

  *****, I have also tried to call your office and speak with you but it would allow me to leave a message. Please call me on this complaint when you are able. **** ******* has been a customer since last year. Due to her behavior I was very cautious always in all communication with her. She mentions my name as if she has spoken to me when in fact she will not return any of my calls and will only communicate via text message. Which is fine with me as I then have it in writing. We have done everything we possibly can to help her. The only person she has spoken verbally to in 2022 was Cassidy P****** my Office Assistant to confirm her date of paving this year for a free top coat. We went so far as to send communication. Via certified mail to be sure she received it. I have all text communication with her with me personally for the past year. I was on the phone when our team arrived to pave her driveway with 2 trucks full of asphalt and material already. She came bolting out of her house screaming profanities saying she had to leave when in fact she requested we not come until 1pm or after. She had vehicles and a camper in her driveway and told my team they had to move it thier f****** selves. Dominick C***** the Vice President of the company was on site as planned to supervise the job. Her up front payment for services unpaid in 2021 of $3150 were requested as she sent in a $350 deposit already as we requested. The money owed had nothing to do with the 2 inch top coat we were about to do this year with a 7f fine binder vs. Last year of a 6f binder. That was going ro be $4000 cost to us and on us for no real reason other than she felt it should have been a better job. Her driveway is sound and looks good. There is a start and stop mark feom last year as we have to wait for a truck and material to arrive. Had she done the seal coating this year as we explained that line would not be visible any longer. I have attached pictures of her driveway. There are so many details with interaction on this account it is best to speak to you. We are at a loss on how to help her in fact as of today its best I let our attorney handle it. We did not hold her deposit and returned it, even though it is monies owed from 2021. This below was my last communication to her today. How do we as a company protect ourselves when we have customer interactions like this? Thank you Kelly East 585-750-3770 Lori,This is Kelly the Office Manager at Western NY Sealing and Paving. I am not sure what your misunderstanding is but your check of $350 was already mailed back. Your bank has called and I also had a great talk with the BBB today in regard to your comments. We have provided in depth details and accounts of all interaction with you. Via certified, mail, recorded calls, text messages, emails, and statements of your behavior when we arrived to do a free 2 inch top coat that you were 100% informed for and confirmed the date and told us not to arrive until 2pm or after. As a reminder the top coat was going to be free of charge. You still owe us $3500 for material, labor, trucking and services provided to you in 2021. At this time what you have done and how you have acted is inappropriate and unethical. It is borderline unjustified harassment. I am sorry if things for you are not ok. We have tried everything to help you but the slander and biligerent vocabulary and irratic behavior can not be tolerated any longer. Your facts are untrue and false. At this point this will be my last communication with you and please refrain from contacting our office.  Your account will be handled from our lawyer from this point forward. We have done everything as a company to help satisfy you and yet you are solely responsible for your driveway not getting the free 2 inch top coat which would have substantially satisfied any esthetic issues you had. It is clear to me today that you are not someone that can be reasoned with and therefore I will turn your account over today to our Attorney and to the courts. I was also on the phone when the crew arrived and heard you screaming at them and you were not prepared for our arrival. We take pride in our customer service and we stand behind our work. We capture all communication with our customers for this exact reason. There is actually nothing wrong with your driveway and the integrity/longevity of it. These are the photos we took the day we arrived that will also be given to the court and our attorney as of today as your behavior still has not stopped. They will see from even the photos that the fact that we were willing to do a 2 inch top coat for you which was going to cost us just over $4000 was more than what we truly even needed to do. You keep mentioning that you paid your full bill from last year but you have not even done that!I hope you have better days ahead. Sincerely,Western NY Sealing and Paving