Public Mediation

Acrylic Illusions Dispute

N. R. vs. Acrylic Illusions
3931 Headsail Dr, New Port Richey, Florida, 34652-4482, United States
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
    • View response from: Acrylic Illusions
    • Claimant Seeks: View.
    • Claim #: 3047628
    • Amount Involved: 4,700.00
    • Filed On: Nov 08, 2013
    • Posted On: Nov 19, 2013
    • Complaint(s):
      • "I just feel ripped off."
      • Contract / Agreement / Promise dispute
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Statement of Claim
Claimant says:
"Hired this company to remove weeds, clean and seal my paved driveway. He promised above all of my other estimates that I received, to be the BEST at the job because he claimed to use top of the line sealant chemicals. He promised verbally that he will guaranty his work for three years. Everything looked beautiful when finished but five months later, weeds began to grow between the pavers when the rainy season approached us in Florida. I called him and he came out once to kill the weeds. They began to grow again and again . I called him several times after that and he NEVER returned my calls since. I read my contract and it stated he guaranteed his work for one year. Well the year is not over and my paved driveway looks atrocious! He skimped on the sand and sealant and over charged me $ 4,700.00 way above the other companies I had contacted , for a shabby job. I am so outraged by this man called Ken Shessman. Do your research and homework before hiring this man to do any work for you. His company name saids it all, ACRYLIC ILLUSIONS! HIS WORK IS AN ILLUSION!"
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Exhibits View
Additional Communication Between Claimant and Acrylic Illusions Hide
  • Nov 18, 2013, Claiming party added:
  • See you in court.

  • Dec 08, 2013, Acrylic Illusions (responding party) added:
  • Add On December 08, 2013, you provided the following information:
    My last response to this BBB complaint was simply a cut and paste from my Angies List complaint from Mrs. Rivera.

    I now have the time to properly respond to this case.

    These are the absolute facts of this case;

    Mrs. Rivera called me to her home to bid a solvent based re-seal for her pavers in December of 2012. I formulated a proposal for my complete job at $1.10 per foot (my normal price is $1.35. I also deducted my 15% discount for Angies List customers, bringing the total bid to $6,217.75. When I went over the bid with her and she told me that should would not want to spend that much money because she had just put the home on the market and she expected to sell within 3 months, and that she wanted the pavers to look good and be free of her weed problem during the selling process. She asked if there was another cheaper option that I could offer her. I asked her to give me a couple days to go over the numbers, and I would try to come up with a cheaper solution. I returned a couple days later with a new proposal (a snip of the new pricing along with the ALL IMPORTANT reason for such a large discount is attached). I added another discount of $1,517.75 with the following stipulation (also plainly visible on her signed proposal); I would complete my regular process of sealing with the exception of the labor and expense of deeply penetrating the sand joints with sealer to help prevent weeds from coming to the surface. I also verbally told her that the weeds WILL return, but with the weed killing application that I would use the weeds will not come back for at least the 3 months that she was needing to sell the home, but if for some reason she decided to remain in the home I would, at her request return to complete the job for the $1,500. difference in the 2 bids.

    We discussed IN LENGTH the fact that her pavers were not properly installed, and that this is the main cause for the excessive and accelerating weed problem. We also discussed the fact that the pavers were not properly bedded in, and that if she does not have an excavating company come in and build and compact the ground along the entire edge of her pavers they will continue to break loose on the edges, and the joints will continue to open further until she will, after a few years, have an irreparable mess that would need to be removed. I told her that this was my opinion, but if she likes I would have an expert in excavation come out to give her his opinion. She agreed -- the expert came and agreed completely with my opinion and referred her to a company to come out and give her a bid. This did happen, and as far as I know the much needed work to save her pavers was never completed.

    When installing pavers there are some very important basic rules to follow. 1) Excavation of driveways should be about 10 to 12 inches below what will be the bottom of the pavers. 2) At least 6-8 inches of lime rock gravel should be compacted heavily, followed by 1 inch of sand before laying the pavers. 3) The top of the paver, after installation, should be slightly above the surrounding ground level. 4) ALWAYS bed the edges of all pavers on top of a concrete trenched beam. As you can easily see in the attached photos, NONE of these standard procedures were done at installation. In fact, as you can see, the pavers are WAY above ground level, actually making them look, in my opinion, ridiculous.When I did the repair work that is seen in the attached photos I found virtually no sand, and very little (maybe 1 inch) of base. In the photos you can see roots and weeds underneath the where I pulled the pavers up. You can also see how far away from the border the pavers had moved in the picture that I took before I reset the border pavers. Her entire driveway WILL continue to shift and pavers WILL continue to move unless she makes some major repairs to her property surrounding the pavers. There is absolutely NO WAY to control weeds under these conditions. Her joints will NEVER be stable enough to even hold sand, and she has a virtual breeding ground for weeds under all of her pavers. As you can see in some of the pictures, you can run your hand underneath the pavers along much of the broken, very poorly installed concrete edge as an attempt by the installer to hold the pavers in place.

    My only offer to Mrs. Rivera is to allow BBB or another unbiased entity to choose an approved expert to visit her property -- dig and replace any area of the driveway and if the expert opinion is in Mrs. Rivera's favor, that my sealing job is the result of her weed problem I will write her a check for the $4,700. But if the expert finds that the excessive weed growth is the DIRECT result of improperly installed pavers, she must pay me $5,000, and agree to rescind ALL negative reviews and complaints, and I will rescind my defamation of character lawsuit against her.
    your information here

What Claimant Wants Hide
1. Refund: Inadequate job he did on my paved driveway Nov 23, 2013 $4,700.00
2. Other – Copy claim to regulators Nov 23, 2013 $14.99
3. Other – Pay for claim posting cost Nov 23, 2013 $7.99
4. Other – Physical delivery charges Nov 23, 2013 $18.97
Cash total : $4,741.95
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • "I’m very sorry that you are unhappy with your pavers. However, as you know, this is no fault of mine!

    When I first came to your home to bid the sealing job on your pavers I bid the job at a large discount because of the immense amount of pavers that you have. The original bid was for
    $6,200.00. You had told me that you have always had trouble with weed growth, and that the paver company that laid the pavers did a terrible job. You told me that you had the home on the market, and that you expected to sell within 3 months. You asked if there was some sort of a cheaper/cover-up that I could do to help you sell the house. After a couple days I approached you with this offer: I would reduce my price to $4,700. which was a time and materials price only -- NO PROFIT added. I also told you that I would NOT perform my normal complete job of locking in your joints. But I would use a huge amount of weed killer to try to keep the weeds down. This is stated on the new contract that you signed with me; “Note: At above price joints will be re-sanded but not deeply penetrated with sealer”. You understood this, and I also verbally agreed that if for some unforseen reason you decided to stay in the home I would, at your request, return to give you my complete job for the price difference of the two proposals which was $1,500.00. I also agreed to do a large repair job (at the turn around area in your drive) at no charge to you. You hired me -- I spent an entire day doing the repairs, and I completed the job as we agreed. I did all of this, at a loss mainly because you cried to me about being a poor single mother who was way over her head with your huge property. I WANTED TO HELP YOU! In the end, you thanked me profusely, gave me and my crew gifts and tips, wrote a wonderful Angie’s List review of all “A”s, All of that made it worth my time to help you.

    Then 5 months later you called telling me that the weeds were growing again. I came out, at my great expense, and treated your weeds with over $100. of weed killer. You never mentioned the offer I gave you that if you did not sell, for A FEE of $1,500. I could complete the job and seal your joints. I just let it go, hoping again that this might help you sell your home. 6 months later, I repeated this weed-killing thing, AGAIN AT MY EXPENSE! I do not guarantee against weed growth -- never have and never will. Every property is different, and the way the pavers are laid is crucial to stopping weed growth -- very little weed-resistant lime-rock bedding was present.

    Now, as for the guarantee, I have a standard 1 year guarantee for all work that I perform. I guarantee that my workmanship (including the free repairs) for this period. If the sealer was to fail within 5 years the manufacturer will cover the cost of the sealer. I have no idea why, if you were selling the home in 3 months that an extensive warranty would even matter to you.

    As for all of this money that you claim I ran off with -- when I read this review I put together a profit and loss for this job, and as it turns out, with all of the extras that I did for you, I made a little less than $5.00 and hour -- this does not even include the 2 times I came out at my expense.

    I understand your frustration with your pavers, but the problems you are having are TOTALLY caused by the fly-by-night paver company that installed them. And as you told me -- they are the ones that never returned your calls, and soon went out of business after you hired them. "

This claim will remain posted until resolved.

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  • Comment: by swoldup — Online mediator
  • On: 12-14-2013
  • I too seal pavers, I go to Acrylic Illusions web site NO WHERE did I see NO WEED GUARENTEE. I'll bet The Pavers Look GREAT

    In my opinion he preformed a service Gave her A FAIR DEAL If the work was sub standard Why prays her on Angie's list. KEN Next time WALK AWAY FROM PEOPLE THAT WANT WORK DONE FOR FREE
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