ComplaintsforWestern NY Sealing and Paving Inc.

• Initial Complaint

  06/26/2024

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  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

  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

  07/20/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  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

  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

  05/25/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  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

  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

  10/11/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  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

  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 

• Initial Complaint

  06/13/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  On 7/29/2021 I had my driveway paved. The work was terrible right from the start. They paved rocks and twigs into the new asphalt and apparently ran out of asphalt and never finished the job. It wasn’t rolled properly either, the edges were all raised and pieces of asphalt were popping out all over the driveway from the minute they left. The driveway had sections that were not level and sinking in. It wasn’t even paved straight. I sent an email on 8/5/2021 and got no response. On 8/11 I sent a text message to Kelly detailing the most egregious problems. She sent a team out when I wasn’t home and they attempted to “fix” a few of the problems. They finished the section that wasn’t completed initially and fixed the section where a rock was paved in and attempted to reheat and tamp down the edges that weren’t rolled properly. I texted again on 8/13 because the driveway still had problems and was continuing to deteriorate. She said Dominick would come out to assess but never came or contacted me. Since we were into the winter months I waited until 3/10/2022 to contact them again to have things fixed. Kelly said someone would be out early April. No one came. On 5/6/2022 I contacted her again and she said she forwarded the message to Dom the project manager. On 5/20 I texted again since no one called. She said she reached out to Dom again but no one has showed up. They are quick with a hand out for money and threaten collections if you don’t pay immediately, but never show up to fix a pathetic job that cost close to $10,000. This feels like a scam.

  Business response

  06/14/2022

  ***** is not wrong with his account of the facts as he stated in regard to calls he has placed. I understand his frustration and apologize it is taking longer for us to get back out to meet with him on site. He has not been forgotten. Our first full week of paving was second week of May. It is now June 14th. We most certainly try to work as quickly as we can for all of our customers. We did in fact attempt to go back out and address some of his concerns last fall. We still plan on trying to address issues this year. We have a very busy schedule and I would encourage ***** to reach out to me and give me a few dates that will work with him as we need to meet with him directly. By no means is there any scam or avoidance of him. He is under a 1 year warranty. He is and has been in que for us to come look at the driveway. I will reach out to him on 6/15/2022 to discuss his concerns and assure him again that we will help take care of his concerns and examine the driveway with him present only on the next visit. Thank you Kelly E*** Office Manager 

  Customer response

  07/03/2022

  I have reviewed the response made by the business in reference to complaint ID ********. I’m not sure why I’m being yelled at in Kelly’s response. I’ve been ignored for almost a year now and was merely stating that she did not contact me as promised in her response. I had no knowledge Dominic was going to contact me instead. No one named Michelle ever reached out to me. I have been exceedingly patient with this company, probably to a fault. They did schedule a free sealing which I accept, but Dominic also promised to repair damaged areas first. That has not been arranged and really needs to be done before sealing the driveway.  Regards,  ***** *********  

  Business response

  07/27/2022

  BBB spoke with Dominic at business and the following was relayed: I met with the customer and inspected the issues and went over the options available. At that time he told me to leave it as it is. We did schedule the sealcoat for August 12th. I have since called and left a voicemail with the customer to see about the repair issue prior to sealcoating.

• Initial Complaint

  05/04/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  09/09/2021 signed contract to have driveway top coated , estimate $10,000 dollars , company paved driveway late October. Horrible quality of work, came back 3 times to roll out major flaws. Driveway still looks terrible, Dominick came to house 04/18/2022 stated would seal coat for free as not really much more they could do to correct the poor workmanship, said he would talk to owner and get back to me, as of today 05/04 /2022 have not gotten a response. I called Jay B***** ( Owner ?) stated did not know anything about it, although Dominic in a text stated they had discussed the issue and were debating a resolution.

  Business response

  05/13/2022

  Hello,
  We have been working with ****** to help rectify his concerns. The paving season has just begun. We explained we would like tempatures to get warmer and stay above 60ndegrees, as the first year asphalt tends to expand and contract until it is fully cured. We will be returning to his home. He has had consistent communication with our Vp of Operations Dominick C*****.
  Thank you

  Customer response

  05/24/2022

  Better Business Bureau: I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below. Driveway redone sept. 2021; company came back three times to try roll out driveway (immediately after work was done), very poor workmanship, major flaws throughout, issue IS NOT SETTLED, owner Jay says will call back, does not, Was offered at one point 500 dollars and a no charge sealing of the driveway by Dominick. Customer is requesting a refund. Regards, ****** *****  

  Business response

  06/09/2022

  BBB spoke to Kelly at the business and the following was relayed:  We have in contact with the customer and he has been scheduled for sealcoating in July. We also refunded the customer $500.

• Initial Complaint

  10/23/2021

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  Company does fairly good work but if there is damage as there was at my house they won’t follow up,a lot of promises but no action.Also there quick with there hand out for the money and after the payment is made they don’t want to know you. As of now I’m not paying for my seal job until damage is repaired and they are threatening with collections. I mainly held off filing a complaint as the company constantly makes promises that something will be done and gets pushed out as time goes by. After reading the other customers complaints it’s a common occurrence. My top coat that I paid three thousand dollars for is also crumbling that they were supposed to look at but never did.

  Business response

  10/25/2021

  Hello, I am a bit confused by this. I personally have spoken with *** many times and Dominick C***** has been out to his home. The top coat was done 5/2/2018. A top coat means we go over exsisting binder and base that is already in place. We did in fact remove some concrete and filled in a crack. We offered to seal the driveway for free in 2018 after the oave but it was then canceled until 2019. The date seal coating was completed in 2019 was 7/13/19 and no payment was ever given. *** was still unhappy as he stated damage feom the truck the prior year. On 5/16/2020 we had gone back to patch the driveway with aqauaphalt. At which time *** was going to pay for the seal the prior year in amount of $226.80. No payment was ever taken for seal coating nor is it expected at this time. I show no record of seal coating in 2021 and we had as a courtesy cleared his bill and he had no payment obligation to us for the seal coating. His comments of us not responding are inaccurate and false. We have attempted to rectify his situation and concerns since 2018. There is no outstanding bill on his account as of today. I would be happy to speak with him to understand what his concerns are now as of 10/23/2021. *** should have my email and cell phone number still. If not it is ###-###-#### ********************. we 100% try to give the best customer service that we can. Our customers are important to us! I apologize if he feels we did not do enough for him. Thank you Western NY Sealing and Paving, Inc. Office Manager Kelly E***

*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. ↩