ComplaintsforXclusive Concrete & Brick Paving

• Initial Complaint

  04/14/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  We decided to have Xclusive remove and replace our 20 year old driveway on 08/10/23. Six months later our driveway, sidewalk, apron, and walkway are completely falling apart. Xclusive spent 67 days "investigating" the damage only to come back and tell us we did this to ourselves by parking a car in the driveway and refuse to repair or provide a refund. Regardless of parking a car one one's driveway being one of its primary usages, we are a one car family and only park that car in **********. Additionally they threatened us with a $2,000 fee to test the concrete which we refused to pay. They also threated us when we advised we were going to provide our truthful review on social media, which they should know is against the Consumer Review Fairness Act.The attached pictures should speak for themselves. No one would reasonably expect our driveway to be in this state 6 months after the work was completed.

  

  Business response

  04/16/2024

  Hello,

  Xclusive Concrete has acknowledgement on the complaint of the concrete concern from the customer.  ********************** had provided a proposal to the customer on April 13, 2023 and the customer had entered a written agreement of the signed proposal, one-year limited workmanship warranty, and the terms and conditions on April 28, 2023.  Reviewing and signing the documents indicate that the customer review, read and acknowledged the important details of concrete and how to care for concrete once installation has been completed. The customer has reported an email on February 5, 2024, that "We hired you all back in July to demo and repour our concrete driveway, sidewalk, apron, and create a sidewalk on the side of the house.  "We are very discouraged to see that the surface of our newly poured concrete is deteriorating/chipping all over the place. Could we please schedule a time for someone to stop by and check it out?"  Xclusive Concrete responded back to the customer and complied immediately of all the details that this will entail to have the concrete concerning area properly diagnosed with the Concrete Supplier that Xclusive Concrete hired to supply the concrete for the customer.  February 5, 2024 was the date that Xclusive Concrete had emailed the concrete supplier representative and indicated the concrete concern areas.  Xclusive Concrete is not the manufacture/supplier of concrete, as we are a concrete contractor that installs the concrete, we do manufacture concrete.  The supplier that we hired manufacturers the concrete.  

  The concrete supplier has a process to have the ************************** to further investigate the concrete concerns areas by obtaining all concrete batch weight tickets, design mixes that were used to pour, and to have testing completed by offering a concrete core test to the customer.  The customer had denied the core testing as the testing cost is roughly $2000 that the concrete supplier offers to test the concrete to expose any harsh chemical such as deicer (salt)-or landscaping sprays (i.e. weed killer) as examples.  If the core testing will be complete this is the exposure to indicate if the concrete did have chemicals on the surface.  in addition, a core test could indicate faulty concrete as the supplier would then need to remedy the concrete concern for the customer.   I had offered to the customer to speak to the ********************** supplier of lowering the cost or possibly honoring the price, as the customer is demanding a refund and threatening to have Xclusive Concrete appear in court for a lawsuit.  The concern needs to indicate as a high priority to conquer the concrete concerns, and why the concrete is scaling.  Without further ado of the core testing the ************************** has factored the following evidence based upon the information that had been given that the areas of concern do appear to be a section of the slab where a car might have been parked, Excess salt dripping from cars or tires could lead to scaling issues as pointed out in the attached Scaling CIP document.  The batch weight tickets that the concrete supplier had provided shows that Xclusive Concrete did not have ********** marks which would indicate excessive bleeding during finishing procedures and the areas of concern appear to be small, isolated areas.  There has been no water trapped as the issue does not appear to be a widespread over the entire area of the new concrete installation.  The customer was also emailed and verbally mentioned that the process of investigation is a longer duration of times with the concrete supplier. These determinations have been determined by the concrete supplier as the supplier had stopped by for review to the customers residency of the concrete concern areas.

  Xclusive Concrete has been in communication with the concrete supplier since the acknowledged concern of February 5, 2024 from the customer.   

  The ******************** in Practice provided by the National Ready Mix Concrete Association of the Scaling does occur has been provided in the attachment for the customer to review in addition to the **************** Warranty Document, Terms and Conditions that included the Concrete Care and Maintenace Instructions that the customer had signed and returned to **********************.  Xclusive Concrete is working with the supplier to find a remedy to have the concrete repaired, if the customer agrees.  Once a determination has been made of the customer to pursue a repair we will contact the concrete supplier for a remedy of repair.  The customer is asking for a refund in the amount of $11,000 and Xclusive Concrete has decided to deny.  Based on the evidence/ information provided of the concrete supplier Xclusive Concrete is not a fault of no means.  

  Thank you,

  Xclusive Concrete Team
  

  Customer response

  04/17/2024

   
  Complaint: 21574136
  
  I am rejecting this response because:

  At the quoted price of $11,000 asking their customer to pay an additional 18% ($2,000) as a fee to further research why my driveway is disintegrating is wholly inappropriate and predatory knowing most people will not pay those additional funds in an effort to be made whole.
  

  Additionally, my contract is with Xclusive Concrete, inc. so whatever additional correspondence, legal agreements, indemnity agreements, warrant of work etc. is solely between Xclusive and who they utilized as a subcontractor and cannot be used to further deny responsibility and delay past the 68 days they already had to investigate. Their separate contractual relationship has no bearing on their responsibility to me and their warranty to me on the quality of work.

  Finally, as a firm that adversities residential driveway construction services, no reasonable person would agree that it is appropriate that our driveway was constructed in a way that would be significantly damaged simply by the act of parking on it. Parking is one of the primary functions of a driveway and their allegation that this damage was 1) caused by parking a vehicle and 2) relieves them of all responsibility is both ludicrous and wholly invalid.

  Xclusive Concrete, inc. owes me my $11,000 back so I can contract with another firm to repair and replace their faulty workmanship. This is a breach of warranty situation where they have continuously refused to do the right thing after giving them 68 days to act like an honest business partner.

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

  

  Business response

  04/17/2024

  Hello,

   

  Thank you for the response from the consumers response.  We look forward to hearing the next steps.  

   

  Thank you,

   

  Xclusive Concrete

  

  Business response

  04/17/2024

  Hello,

   

  Thank you for the response from the consumers response.  We look forward to hearing the next steps.  

   

  Thank you,

   

  Xclusive Concrete

  

  Business response

  04/18/2024

  Hello,

  Xclusive Concrete has offered to the customer to contact the ********************** supplier with the customers consent to have a concrete core test completed from the quality control department to determine the cause to the effect of the concerning concrete areas.  Customer blames ********************** for the concrete scaling of "workmanship Matter" when in fact there has been no testing of evidence completed.  Xclusive Concrete denies issuing a refund to the customer.  The evidence needs to meet the reason of why the concrete is ***** like pebbles "aka" scaling.  The customer has emailed ********************** with the pictures and descriptions of the concrete conditions.  The customer also stated that "This looks like a straightforward case of using too much water during finishing which is now causing significant spalling.  Our fee also included reinforced wire mesh and sealer for the driveway."  The concrete supplier has provided the batch weight tickets, and water gallons used, as water added to the concrete is not a concern.   Please take note of the pre pour inspection results and the final inspection results for ************ building/engineering inspector.  These two inspections have been passed as Xclusive Concrete follows all Village codes and specifications of the scope of work that includes wire mesh for the driveway.  Sealer is optional as we have included this as the scope of work to complete with the project.   Please see attached approved inspections for your records.  

  The next proceedings that we are recommending is to have the Concrete Supplier provide the core test of the concerning concrete.  As, I mentioned earlier without the proven evidence and the reasoning for this happening, a remedy will never be satisfied between Xclusive Concrete and the customer. 

  Best Regards,

  **********************

  Customer response

  04/19/2024

   
  Complaint: 21574136
  
  I am rejecting this response because:

  After 68 days of researching the cause, Xclusive advised via attached letter to me "the areas of concern do appear to be at sections of the slab where a car might have been parked.  Excess salt dripping from cars tires could lead to scaling issues...".

  As previously indicated, I wholly reject that my driveway was damaged by parking a car on it.  Additionally, as stated, parking a car on a driveway is one of its fundamental purposes.  Per the attached report from www.weather.gov, this past winter was "unreasonably warm" with snowfall in the ****** area "11.1 below normal."

  Now they want another 18% over their quoted price to further research. This is a company acting in bad faith in order to delay and avoid repairing their work and their breach of warranty. Asking me  for an additional 18% now that I rightly rejected their initial spurious excuse is wholly inappropriate and exploitative.  I have asked them continuously to do the right thing and correct their work and they have refused.  The only appropriate remedy at this point is to obtain a refund so I can work with a company that will repair my driveway in good faith.

  Wherever negligence lies between Xclusive Concrete and their subcontractors in this matter, as a general contractor that is up to Xclusive to determine and remedy on their own time and expense. Xclusive has breached their warranty on the quality of the driveway I paid for and needs to make me whole and not be allowed to continue to use exploitive and dilatory tactics to avoid their responsibility.
  

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

*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. ↩