Back in 2022, we tested out a new paving company by having them reseal our driveway and easement. It did not go as planned. They failed to do all the work, then argued with me when I complained, and refused to finish the work.
In November of 2022, just two months after the work was done, the seal coat started to disintegrate. I opened a complaint online with the California Contractors State License Board (CSLB), which asked for info through the mail, so I sent a packet of information including all my documentation–screenshots of email conversations, a timeline of the communications, and the contractor’s response–most of which you can read in the earlier post. I also included the images below of the seal coat wearing off two months after they “completed” the work, and the easement and end of the driveway that they failed to seal.
The Licensing Board took my complaint seriously, and then I got an email from “We ‘Love’ Paving But Not Our Customers.”
On Nov 23, 2022, at 11:08 AM, Fred TS <fred@welovepaving.com> wrote:
We have received a NEW complaint from you by a third party that is just informing us about it now- a matter to which we weren’t aware about prior to this day. Since we are not aware what are you complaining about- we are duly reaching out to you to request the pertinent information and explanation in regards to this.
Your prompt and speedy response is appreciated.
Attached is a copy
Thank you
Fred Tsal,
OPERATIONS
To which I replied:
On Dec 1, 2022, at 4:28 PM, lc boros wrote:
I spent two weeks attempting to resolve issues with the work your company was contracted to perform and you provided no suggested solutions.
I provided facts several times clearly proved your measurements, based on a picture, were inaccurate and that your crew had not completed over 10% of the job. You attempted to intimidate and threaten me.
Thus, three months later when I noticed that the seal coat is already wearing out, I opened a complaint with the CSLB, as the likelihood of having you address a new issue is minimal and I am more than happy for CSLB to take the lead in mediation.
/lc
I thought, naively, that that would be enough and I would work with just the rep from CSLB. Oh how wrong I was…
Here’s their response, with my response in line:
On Dec 2, 2022, at 4:36 PM, lc boros wrote:
Comments inline:
On Dec 2, 2022, at 1:03 PM, Fred TS <fred@welovepaving.com> wrote:
Good morning LC
Here’s some background as to the history and nature of the complaints brought to our attention.
1) Our engagement started when we agreed to a scope of work with measurements provided by you (client provided measurements relieve us from liability if measurements are incorrect. Thus we are not responsible for your miscalculations.) We included sitemap with highlighted areas covering our scope of work. Nothing outside of the highlighted area is included in our agreed scope of work.
There were no miscalculations. Your reliance on a photo image for measurements is at fault. In addition said photo(s) included areas your crew did not seal but you said they did seal: ie areas near the house that are covered in vegetation and concrete walkways.
2) After work was completed- you made complaints. Among them you said an area was missing and that no one told you the crew was leaving the site upon completion and that you wanted to be notified. However you were not readily available when crew was completing work. You were responsible to be onsite as the work took place to monitor progress and changes as needed.
The end of the driveway is over 600 feet from the house and out of line of sight. Upon their arrival I told your crew that if they needed anything, including use of a bathroom, I would be in my office which looks out down the driveway to the hill at the midway point. In the past paving companies have walked the distance back when done, as have all other contractors working in areas away from the main house. The driveway is the only means to exit the property and I clearly did not drive out, thus your crew’s lack of followup does not reflect well.
3) The email dated September 2nd 2022 from us requested that you bring more clarity to the situation and that you be more specific as to what you were complaining about and what were your petitioning. The goal was to identify what you were requesting of us and thus help you find a mutual resolution.
I was very clear in my communications that your reliance upon a photograph for measurements vs my quadruple-checked measurements using a measuring wheel were at issue.
Yet you offered no solutions. You did not even offer to visit the site to measure for yourself.
4) You said an area was missing. We assured that we did all that was included in our scope of work and on map. And any extra areas needed to be charged as we cannot do work without charging. We would consider adding that additional section which you later mentioned for an additional charge. We would sometimes be open to adding areas for free of charge if it wouldn’t cause us additional significant expense. However because we were no longer onsite that would forcefully require a trip charge.
The additional section was not “later mentioned”. It is line item number two in the contract.
5) Further, the area you’re referring to get done required a signed change order and that vehicles to be removed and close off the road to all traffic at the intersection including to neighboring homes. However you were no where to be found to approve this change nor the car owners to get them moved out of the way.
This is untrue. There were no cars on the driveway or easement unless they belonged to your crew. As per the original discussions with your staff prior to the project start date, I notified the two homes off the easement ahead of the crew’s arrival and they were prepared for limited access.
6) It’s for these reasons that we find your complaints against us unjustified and with no grounds. You as the project owner were required to be onsite and available to crew at all times and assist with the crew’s requests for removing vehicles as needed.
Again, I was onsite and I was available. There were no vehicles on the driveway or easement.
7) Newest complaint: You’re complaining that the seal coat is wearing off... As per the nature of the service- it’s know that it is going to wear off. It’s expected. Seal coating is a service that needs to be redone frequently like maintenance and oil changes to a vehicle. It’s a consumable that needs to be replenished. Just like your car brakes or your car tires, seal coating gets worn out by the sun, the rain, weather, erosion, vehicle traffic, etc. Seal coat is like sunscreen to skin- but for asphalt surfaces. Sunscreen doesn’t last forever as it’s consumed day by day.
A seal coat should last more than 2 and a half months. Work from our past contractors has generally lasted at least 2 years, and, as you are well aware, the only reason I did not use them for this project is because I needed to test out competitors as part of the greater road system repair work I’m organizing.
Summary-
1: Client requested additional area that wasn’t included in original scope of work.
No I didn’t.
2: Client measured area and is therefore solely responsible for miscalculations on measurements requested in original order. We fulfilled our scope of work.
No you didn’t.
3: Cars were parked along the area where additional work was requested, however, project owner nor vehicle owners were available nor able to be located to be moved if desired area was to be added.
No they were not.
4: We can add more areas, but any additional trips to return to the site will incur additional mobilization fees.
Here’s a copy of that email dated 9/2/22 below:
Hello
Please can you be specific what are you requesting or demanding? I can’t pinpoint exactly what are you asking for or complaining about.
And I’m sorry we’re not going to seal coat more than what we have in writing which is 13,884 sf which is the map I sent you highlighted in yellow.
Anything else is charged. I understand you want more work but we cannot give away our work for free as much as I like you as my client.
I hope this is just a miscommunication and that this is not your intention. If you made miscalculations or if the area you want sealed is more than what we charged for- then we can add a change work order and charge for the difference.
Here are my demands:
1) We demand prompt payment
2) We demand being treated fairly, professionally and with respect
3) We expect to be paid for work that we do and if extra is added- we charge for that difference
4) We expect that our clients are there to manage and inspect the work being performed by us- if no one is present then we have no one to inform we are leaving or to ask if any questions arise
5) We demand that site and all areas are free of vehicles and obstructions by the time we arrive to jobsite- if we’re unable to complete our work due to this and we have to go a second time- we expect to be compensated for the extra trip
6) We demand that you’re responsible for the measurements and information you provided us. We only ordered materials for the 13,884 sf. So if you miscalculated measurements and we’re short in supplies- then you are responsible for either paying more to cover the difference- or accepting coverage provided for the price agreed.
Please let me know how we can resolve this. Clear communication on both parts is also necessary to know exactly what are you asking for. As of now- me nor my my team understand what you want.
Thank you
Respectfully,
Fred Tsal,
Let me know if you have any questions. We have remained professional, respectful and very thorough with you at all times.
We have many video and written reviews of satisfied customers and we have no problems going the extra mile with our clients that appreciate us and that treat us fairly and with respect…
I also understand that some clients may never be satisfied no matter what we do and therefore we deem it to be an incompatibility factor. We’re ok with it as we know it’s human nature. As long as 99% of our clients are satisfied with our work and treatment- everything else is normal and business per usual.
Don’t get me wrong, we always try to take responsibility where it’s due and solve all disputes as much as we can. However dealing with people and different personalities and attitudes sometimes can leave someone dissatisfied for many reasons no matter what we do. Like they say you cannot make everyone happy. It’s simply a matter of making smart business decisions and picking and choosing your clients more carefully.
Next,
I want to ask that you come up with a solution to this. What solutions do you propose?
I want a full refund.
You, the source and origin of the complaints should also hold the answer and the solution to the complaints. We would be glad to take a look at what you propose is the solution and take it from there.
Seeking solutions is always the healthy way to handle conflicts as opposed to complaining and being fixed on unfruitful behavior. No one else will solve your problems but yourself.
As adults it is our responsibility to find a solution. It’s moving past our infantile desire to have our parents fix our problems for us. We need to grow and in this case, CSLB is the parent you’re summoning to fix the complaints and problems for you- something which is not necessary.
In the last seven and a half years I have worked with contractors to address issues at our ranch ranging from replacing the well and septic tanks, resurfacing a 37,000 gallon pool, rebuilding a 300’ retaining wall, refinishing hardwood flooring, repairing extensive dry rot, replacing furnaces, installing a new main electrical panel, installing power walls, running hundreds of feet of plumbing, maintaining over 100 trees, building entirely new structures, replacing roofs, etc. These are just a few of the projects that cost at least twice as much as a simple driveway sealing job.
Until I dealt with your business I never had an unresolved issue, let alone something that warranted making a formal complaint to CSLB.
Your refusal to offer any sort of solution, including the simple act of visiting the site where you would have learned your reliance upon measurements on a photograph are at fault, has led to this. And now when faced with a formal complaint you fabricate a claim that “vehicles” were parked and prevented your crew from finishing. This coupled with your bully tactics, your initial failure to complete the full scope of work for which you were contracted, your refusal to offer any potential solutions and the workmanship issues warrant a refund.
/lc
That’s right, “Fred” tried to gaslight me in so many ways. In the end I was offered a refund of $500. The condition? I would have to remove my Yelp review AND my original post about the issue. I declined to agree or sign such an agreement. $500 is not worth my silence. And while it took me a while to share this second part of the story with the world, here it is now.
It’s also a great way to introduce our newly expanded Contractor List! That’s right, now just about all the contractors we have used here at the ranch are listed in one place with a rating and summary. How cool is that?