ComplaintsforMid-Atlantic Asphalt, Inc.

• Initial Complaint

  02/05/2024

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  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

  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 response

  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

  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. 

• Initial Complaint

  05/23/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Resolved

  More info

  I contracted with Mid-Atlantic Asphalt in April 2021 to resurface a tennis court at my property at **** ***** Neck Rd., Royal Oak, MD XXXXX. The company charged $18,383.64 for the work, which was completed in September 2021, and sold me a 10-year extended warranty for $1200/year (with cost-of-living adjustments annually). The contract provides a "guarantee of workmanship and materials" for defects occurring within 1 year of substantial completion. And the company's website further advertises, in bold caps, "QUALITY THAT WON'T CRACK" and promises 100% customer satisfaction on all tennis courts. Despite these promises and full payment for the resurfacing and extended warranty, extensive cracking appeared throughout the tennis court (covering over 115 feet), including in the exact areas where cracks were repairs, only three-four months after the court was completed. We promptly contacted the company and asked repeatedly for remediation, but the company failed to respond at all for months. After finally contacting us, the company's operations manager (Brad Frantz) has stated that the company will not honor its guarantee of workmanship/materials or the extended warranty. Instead, Mr. Frantz indicated that the company will fully repair the extensive cracking only if we pay over $4000 in additional fees. We are seeking to have the original contract enforced as promised (i.e., to enforce the guarantee of workmanship and materials for the first year), and to have the court repaired to our satisfaction consistent with the advertising promise on the website (on which we relied in selecting this vendor): https://www.midatlanticasphalt.com/ We also seek a refund for the warranty payment given the company's failure to honor it, and a refund of the $18K payment for resurfacing if the company fails to comply with the guarantee of workmanship.

  

  Business response

  10/31/2022

  Business Response /* (1000, 8, 2022/06/06) */ See attached business response provided to BBB via email. Consumer Response /* (3000, 11, 2022/06/07) */ (The consumer indicated he/she DID NOT accept the response from the business.) The company's response is entirely inadequate. It merely recites the details of the contract which were already included in the complaint along with marketing materials. The response provides no explanation for how the emergence of more than 115 linear feet of cracking (much of which is exactly in the same areas repaired by the company) within three months of the project's completion can be reconciled with (a) the company's contractual guarantee of workmanship and materials for one year, or (b) the company's advertising promises including "QUALITY THAT WON'T CRACK" and an assurance of 100% customer satisfaction. Even apart from the contractual guarantee of workmanship, we paid an additional $1200 for the company's Gold Warranty, yet they have failed to perform ANY repairs pursuant to that Warranty. The company's lead business representative initially ignored our calls and emails for several months and then, after finally responding, refused to honor either the contractual guarantee of workmanship or the additional warranty coverage. We are open to a fair resolution, but absent an effort to repair the extensive cracking as required under our contract and additional warranty, we will be forced to file a complaint in state court to obtain relief. Business Response /* (4000, 14, 2022/06/13) */ BBB Complaint ***** ******** (Ref#XX-XXXXXXXX-XXXXXXXX-XX-XXXX) External Inbox Chris **** Sun, Jun 12, 10:26 AM (1 day ago) to me, *************************** Warren, Brad Hi Ms. Gibson, Below is our response for Mr. Brill's most recent response: MAA does not provide a warranty for products that MAA does not install. MAA did not install the Brill's asphalt sport court. MAA does not know which contractor installed the Brill's asphalt sport court or even how long ago it was installed. MAA was contracted by the Brill's to repair up to 350 LF of cracks with the ARMOR Crack Repair System on an existing asphalt sport court. In return, MAA actually repaired 446 LF of cracks with the ARMOR Crack Repair System, 96 LF above our contracted amount and 96 LF more than MAA was being paid for by the Brill's. All 446 LF of cracks that were repaired with the ARMOR Crack Repair System, which was completed in August 2021, have NOT failed and are in great condition. The SportMaster acrylic paint that was used to color the stripe the court is just that, it is paint. It does not cause an existing asphalt court to crack, that happens for numerous reasons, one of which occurs during the winter months when asphalt expands and contracts due to the freeze/thaw cycle. Mr. Brill is correct, the products that were installed by MAA in 2021 does come with a warranty; however, none of the products that were installed by MAA in 2021 have failed, which is the ARMOR Crack Repair System and the SportMaster Acrylic Paint. Since Mr. Brill continues to be litigious even after MAA has explained the above facts on numerous occasions, highlighted and explained our contract, and provided letters from the vendors who's products were installed on their court, MAA has decided to give formal written notice through our response to BBB complaint Case #XXXXXXXX, that MAA is hereby terminating our Gold Warranty with the *****'s. Since MAA completed phase one of two phases in the Gold Warranty contract, which was the power washing phase, MAA will be returning 50% of the $1,200 as a refund check in the amount of $600 to the Brill's at some point this upcoming week. Very Truly Yours, Chris **** Mid Atlantic Asphalt, Inc. Owner Consumer Response /* (4200, 16, 2022/06/13) */ (The consumer indicated he/she DID NOT accept the response from the business.) The MAA response is factually inaccurate and does not resolve this dispute. The company undertook a complete resurfacing of the tennis court in 2021, subject to a contract that provided a guarantee of workmanship and materials. The contract itself plainly contradicts Mr. Rice's assertion that no such guarantee was provided. In addition, the company's website promises that its work will not result in cracks and that the company will ensure 100% customer satisfaction. Yet 3 months after the job was completed, the tennis court was covered in cracks. (A neighboring court has no cracks at all, undercutting the company's attempt to blame the defective work on the weather.) My wife and I repeatedly asked the company to honor both the contractual guarantee of workmanship and the additional warranty we purchased, and it has refused to perform any repairs. Mr. Rice states that the company power-washed the court, but that accomplished nothing it obviously did not repair the court. And contrary to Mr. Rice's assertion, the very same areas that MAA repaired in August 2021 are now exhibiting cracks, confirming the defective workmanship. If the company will not perform the repairs it is contractually obligated to perform, I would like a full refund (not 50%) of the warranty and reimbursement for the defective work undertaken in August 2021 at significant expense. I am willing to participate in arbitration or mediation in the interest of resolving this matter. If the company does not agree, I will file a claim in state court for the full extent of damages suffered as a result of MAA's breach of contract, false advertising, and other claims.

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